Other conditions decisions — 2018

The Veteran's right long thoracic nerve palsy was rated at 20 percent prior to April 11, 2016 and is now rated as 40 percent after that date. The rating for his thoracic strain remains at 10 percent.

The Board finds that the Veteran's respiratory disability other than asbestosis, best characterized as recurrent pneumonia, and residuals of an acoustic neuroma are not service-connected. The right ankle disability is also not service-connected.

The Board is requesting additional information to determine if expenses related to the Veteran's last sickness and burial were paid from a joint account with right of survivorship. The case will be remanded for further development.

The Board has determined that the appellant's divorce decree from May [REDACTED], 2012, was fraudulent and invalid under Pennsylvania state law. As a result, her apportionment benefits are reinstated, effective May [REDACTED], 2012.

The Veteran's esophageal and stomach cancers are found to be etiologically related to his active service, specifically the development of these conditions from gastroesophageal reflux disease (GERD) that began during service. The Board finds sufficient evidence to grant service connection for both conditions.

The Veteran withdrew his appeal for the claim of entitlement to service connection for a left elbow disorder prior to the Board's decision.

The Veteran's major neurocognitive disorder has been rated at 70 percent since March 24, 2015. The appeal is for a higher evaluation.

The Board has reopened the claim for recognition as a surviving spouse of the Veteran, but finds that she cannot be recognized as his surviving spouse due to lack of clear and convincing evidence of a common law marriage under Alabama state law.

The Board has granted service connection for the Veteran's diagnosed nightmare disorder, finding that a current disability exists and there is a link between the condition and his in-service stressor event.

The Board has granted a waiver of recovery for the overpayment of DIC benefits in the amount of $19,714.60 to the Appellant due to VA's considerable fault and the Appellant's comparatively little fault.

The Veteran's back pain, a nonservice-connected condition, was deemed an emergency requiring immediate medical attention. The nearest VA facility was closed on the day of the incident, making it reasonable for him to seek treatment at a private hospital.

The Board has determined that the Veteran's post-operative duodenal ulcer does not warrant a rating higher than 20 percent, as his symptoms do not meet or approximate the criteria for a moderately severe ulcer with impairment of health manifested by anemia and weight loss.

The Board has denied the Veteran's claims for service connection for bilateral myopia and bilateral senile cataracts with dry eye syndrome, finding that there is no evidence to support a link between these conditions and his military service.

The Board has determined that the Veteran's current bilateral foot/lower leg disability is most likely caused by repetitive loading trauma during active service, and thus grants service connection for this condition.

The Board denied the Veteran's claims for service connection for a bilateral eye condition and tumor on the uterus, as well as her request to reopen her claim for service connection for pes planus. The decision also addressed whether new and material evidence had been received to reopen the pes planus claim.

The Veteran's left ankle disability is rated at 20 percent, but the Board has determined that a higher rating of 30 percent is warranted based on marked limitation in range of motion and instability.

Your claim for a powered mobility device has already been granted and is no longer pending.

The Veteran's stress fracture of the right distal fibula is rated at 10 percent and the Board finds that a higher rating is not warranted.

The Veteran's nasal disorder, including a deviated septum and difficulty breathing, is being remanded for further development to determine its relationship to his military service.

The Veteran's death was not due to any service-connected disability, and he did not meet the criteria for a plot or interment allowance based on non-service-connected death. The appeal is denied.