Other conditions decisions — 2018

The Board denied the appellant's request for a waiver of recovery of an overpayment of death pension benefits in the amount of $14,260.00 due to the request not being timely filed within 180 days from notification.

The Board has determined that the claims for service connection for gynecomastia and left lower extremity injury residuals have been granted in a September 2016 rating decision, rendering them moot. As such, these issues are dismissed.

The Board denied the veteran's claim for participation in the Veterans Retraining Assistance Program (VRAP) due to his discharge from service under other than honorable conditions, as his misconduct was willful and persistent.

The Board has determined that the Veteran's right and left hip disabilities are related to his military service, granting service connection for these conditions.

The Veteran's claim for service connection for fatigue and generalized muscle pain and spasm has been denied as there is no evidence of a chronic disability manifested by these conditions that are not associated with his service-connected joint conditions.

The Board has remanded the case due to a need for an addendum medical opinion regarding whether the Veteran's EBV exposure has aggravated his claimed disabilities, and to consider any additional records provided by the Veteran.

The Veteran's residuals of a fracture of the mid-shaft of the left foot second metatarsal are currently rated at 20 percent, which is the maximum schedular rating available under Diagnostic Code 5284 for other foot injuries. The Board has determined that this evaluation is appropriate based on the evidence showing moderate severity of the disability.

The Board denied the Appellant's claim for accrued benefits due to her mother, as she did not qualify as a child eligible to receive such benefits and there was no objective evidence that she paid last sickness or burial expenses.

The Veteran's left hip and pelvis DJD have been manifested by loss of function due to painful motion, with flexion limited to at worst 100 degrees; extension limited to at worst 25 degrees; abduction limited to at worst 40 degrees; and adduction limited to at worst 20 degrees. The schedular criteria are adequate to evaluate the Veteran's left hip and pelvis DJD.

The Veteran's cause of death, aspiration of gastric contents, is not service-connected. The Appellant does not have entitlement to accrued benefits or death pension benefits.

The Board has remanded the case due to incomplete medical records from the Veteran's last treatment prior to his death. The Appellant is asked to provide authorization for these records.

The Veteran's claim for a compensable rating for service-connected dental trauma to teeth 8 and 9 related to anterior maxilla trauma has been denied.,The Veteran's claim for an effective date prior to June 19, 2012 for the grant of service connection for adjustment disorder with depressed mood has been denied. The RO found that there was no evidence or argument to support an earlier effective date.,The Veteran's claim for nonservice connected pension has been dismissed as moot due to his receipt of service-connected benefits.

The Board denied the Veteran's claim for VA compensation under 38 U.S.C. §1151 due to a dental disability, finding that his current dental conditions were not related to treatment or medication provided by VA.

The Veteran's representative alleges disagreement with the June 2015 rating decision granting service connection for scarring status post eye injury and corneal scar OS with pannus. The Board finds no indication of such disagreement in the August 2015 notice of disagreement. The case is remanded to obtain VA treatment records from Allen Park VAMC (from 1974 to 1985) and Detroit since July 2017, as well as any Selfridge Air National Guard Base records from 1968.

The Board has decided that the appellant's request for a waiver of recovery of an overpayment in the amount of $27,216.00 was not timely filed and denied it. The case is being remanded to allow for further development.

The Veteran's spouse is not in need of regular aid and attendance due to her ability to conduct personal functions independently, despite some limitations.

The Veteran's claim for service connection for claustrophobia was reopened and granted, effective from the date of receipt of his September 1982 notice of disagreement.

The Board has decided that the reduction of pension benefits due to an increase in income from SSA is incorrect and has ordered a remand for further action.

The Veteran's claim for an annual VA clothing allowance for 2014 is denied because he was only prescribed hydrophilic ointment to treat his service-connected bilateral foot fungus, and the damage to his outer garments does not qualify under the applicable regulations.

The Veteran's claim for reimbursement of travel expenses (rental car, meals, and postage fees) incurred on February 22, 2014 for a VA compensation and pension examination in Anchorage, Alaska was denied as the rental car is not reimbursable under VA regulations, an overnight stay was not required, and postage fees are not authorized travel expenses.