Other conditions decisions — 2018

The Board has determined that the appeal regarding whether the overpayment for VA nonservice-connected pension benefits in the amount of $88,962.00 was validly created is moot because the overpayment was previously waived and thus the appeal is dismissed without prejudice.

The Board has determined that the Veteran's PLS is a variant of ALS, and thus warrants presumptive service connection under VA regulations.

The Veteran is seeking earlier effective dates for additional compensation for her dependent children, but the Board finds that no earlier effective dates can be assigned as they are not supported by the facts found.,The earliest effective date for dependency benefits was January 1, 2003. The effective dates for additional school-aged dependency benefits were also determined to be July 1, 2008 and August 1, 2010 respectively.

The Veteran's schizoaffective disorder is rated at 100 percent for the entire appeal period, resulting in total occupational and social impairment.

The Veteran's appeal is being remanded for additional development, including an updated mental disorders examination and readjudication of the issues on appeal. A claim for TDIU is also raised.

The Board denied the appellant's claim for recognition as the Veteran's surviving spouse, finding that she did not continuously cohabit with the Veteran from the date of their marriage until his death.

The Veteran withdrew his appeal, and the Board dismissed it.

The Veteran was found to be entitled to a total rating based upon individual unemployability (TDIU) by a May 2011 rating decision, effective October 29, 2009. The Appellant is the child of the Veteran and satisfies the criteria for basic eligibility for DEA benefits due to permanent and total disability.

The Board has determined that the Veteran's Crohn's disease was not incurred in or aggravated by service, and thus denied his claim.

The Veteran's loss of several teeth is not considered a qualifying additional disability for compensation under 38 U.S.C. § 1151, as it was not caused by carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of VA.

The Board has reopened the Veteran's claim and granted service connection for a left testicle disability, finding that it was aggravated by his active service.

The Veteran's appeal is remanded due to the need for a new VA examination and additional treatment records.

The Veteran's claim for payment or reimbursement of medical services provided at Swedish Medical Center due to a dirt bike accident is denied as he did not meet the criteria under the Millennium Act or 38 U.S.C. § 1728.

The Veteran's right thumb reflects unfavorable anklyosis, warranting a disability rating of 20 percent since June 30, 2014.

The Veteran's claim of service connection for a left arm disability, diagnosed as resting tremors, is granted due to the evidence being at least evenly balanced in favor of the Veteran.

The Veteran's claim for service connection for myeloproliferative disease due to Agent Orange exposure was granted with an effective date of May 18, 2012. The October 2012 rating decision that denied the claim contained clear and unmistakable error (CUE).

The Veteran's hiatal hernia has been assigned the maximum schedular rating under the relevant Diagnostic Code, and there have not been additional symptomatology not contemplated by such rating. Therefore, a higher rating is denied.

The Board denied the claim for an earlier effective date for DIC benefits, finding that a January 2011 VA determination denying service connection for the cause of the Veteran's death is final and that the appellant did not submit new and material evidence within one year of that decision. The appeal was based on her submission to VA in January 2016 as an application to reopen the previously denied claim.

The Veteran's appeal for an increased evaluation for his service-connected fractures of the right third, fourth, and fifth fingers, and limitation of motion of the index finger was denied as there is no evidence of unfavorable ankylosis or additional ankylosis in any other joint. The current 20 percent rating remains appropriate.

The Board found no evidence of a bilateral foot disability in service and denied the Veteran's claim for service connection.