Other conditions decisions — 2018

The Board found that the Veteran's prostate disorder and skin disorder did not manifest during service or are otherwise related to his military service, including herbicide agent exposure.

The Board has remanded the case due to insufficient medical opinion regarding the nature and etiology of the Veteran's skin condition, particularly in relation to his presumed exposure to Agent Orange during service.

The Veteran's service-connected arthritis of the right thumb is currently rated at 10 percent, and there is no evidence showing a gap greater than two inches between the thumb pad and fingers. Therefore, an initial rating in excess of 10 percent is not warranted.

The Board found that the Veteran's overpayment of VA pension benefits was properly created due to his inaccurate reporting of income. The Committee on Waivers and Compromises determined that recovery would not be against equity and good conscience, thus denying the request for a waiver.

The Veteran's spouse, G.B., is recognized as his dependent spouse for VA purposes due to the validity of his divorce from E.S. and the legitimacy of his marriage to G.B.

The Board has determined that the Appellant does not qualify for death pension benefits as a surviving spouse due to her remarriage, which bars her from eligibility. The claim is therefore denied.

The Veteran's April 2014 irrevocable election to transfer any entitlement to educational assistance benefits under Chapter 1606, Title 10, United States Code (MGIB-SR) to the Post 9/11 GI Bill means he remains entitled to that kicker increase.

The Board has remanded the case due to failure to comply with previous remand instructions and for further examination of the Veteran's bilateral foot disorder.

The Board has ordered additional development due to the RO's failure to substantially comply with a prior remand. The Veteran is seeking educational benefits under the Post-9/11 GI Bill program and related eligibility issues.

The Veteran's lower back disorder, diagnosed as spondylolisthesis, is currently rated at 20 percent prior to July 15, 2016 and 40 percent from that date. The Board found no basis for a higher rating based on the evidence of record.

The Veteran's left knee disability, characterized by pain and limited range of motion, was rated at 10 percent since November 1973. The October 2011 examination showed a significant decrease in the range of motion to 95 degrees flexion with instability noted. A separate 10 percent rating for instability was granted from January 28, 2012, to April 16, 2017. No further increase in disability is warranted as the Veteran's current range of motion remains at 130 degrees flexion without additional limitations.

The Veteran's left wrist disability, specifically residuals of left distal radius fractures, is rated at 10 percent and the Board finds that a higher rating is not warranted based on the evidence of record.

The Board found that the Veteran's right and left trigeminal nerve disabilities did not meet or approximate criteria for a higher rating, as they were consistently rated at 10%.

The case is being remanded for further development and clarification of the VA examiner's opinions regarding the Veteran's skin rashes, generalized musculoskeletal and joint pain, semen abnormality, and service connection claims.

The Veteran's service-connected colitis did not prevent him from securing and following substantially gainful employment prior to May 10, 2012.

The Veteran's service is not considered to be during a recognized period of war, thus the claim for nonservice-connected pension benefits is denied.

The Board has remanded the case for consideration of a TDIU prior to November 8, 2002 on an extraschedular basis.

The Veteran's service-connected lumbar spine disability is currently rated at 20 percent, and the Board has denied an increased rating.,A new VA examination for the Veteran's right ankle disability is needed to comply with Correia v. McDonald (2016).

The Board has denied service connection for memory loss and blackouts, finding that these symptoms are related to other service-connected disabilities. The issue of entitlement to a TDIU remains pending.

The Board found that the Veteran's atonic neurogenic bladder was not caused by VA treatment in March 2006, and thus compensation under 38 U.S.C. § 1151 is denied.