Other conditions decisions — 2018

The RO reduced the rating for service-connected dyshidrosis of the feet and hands from 50 percent to 30 percent effective September 1, 2012. The reduction was not proper as there was no sustained material improvement in the condition that was reasonably certain to be maintained under ordinary conditions.

The Board denied claims for earlier effective dates prior to September 19, 2012 for the grant of service connection for cold injury residuals of the right hand and left hand.

The Veteran is seeking compensation under 38 U.S.C. 1151 for additional disability resulting from a VA left hip surgery in September 2010, but the case has been remanded due to concerns about informed consent and whether the intraoperative fracture was reasonably foreseeable.

The Board finds that the Veteran is entitled to service connection for a dental disability for treatment purposes due to in-service trauma, but not for compensation purposes. The Veteran's claim for a dental injury is denied.

The Veteran's service is not qualifying for NSC pension benefits, and therefore he does not meet the basic eligibility criteria for special monthly pension benefits.

The Veteran's death was not service-connected, and the claim for burial benefits was filed more than two years after the burial. The claim is denied as it does not meet the specific guidelines for payment of burial benefits.

The Board denied the Veteran's request for a waiver of recovery of an overpayment of pension benefits in the amount of $66,578.00 due to no indication of fraud, misrepresentation, or bad faith on the part of the Veteran in creating the debt.

The Veteran's DVT of the right lower extremity has been rated at 20 percent, but her symptoms have now been found to warrant a higher rating up to 40 percent.

The Board has determined that the Veteran's diverticulitis did not have onset during his active service and was not caused by his active service, thus denying the claim for service connection.

The appeal has been withdrawn by the appellant's authorized representative before a decision was made.

The Board has determined that the July 2016 rating decision granting an increased initial rating from 10 percent to 20 percent for service-connected residuals of left clavicle fracture does not constitute a full grant of the benefits sought on appeal. The case is REMANDED for further development and consideration.

The Board has remanded the case for further development and consideration of all evidence, including newly submitted medical records from Dr. B.G.

The Veteran's medical treatment provided by the Mayo Clinic in Scottsdale, Arizona on August 13, 2013 was authorized in advance and therefore payment or reimbursement for this care is granted.

The Veteran's appeal is remanded due to the need for additional medical opinions regarding his gastrointestinal disorder and pancreatitis.

The Veteran served in Vietnam, but the appellant does not have spina bifida or any other disability resulting from it. The claim is denied as there are no forms of spina bifida that qualify for benefits under 38 U.S.C. Chapter 18.

The Veteran's right and left foot disabilities are found to be caused or permanently worsened by his service-connected gunshot wounds, thus granting service connection on a secondary basis.

The Veteran's death was not due to service-connected causes, and he did not meet the criteria for nonservice-connected burial benefits as set forth in VA regulations. The appeal is denied.

The Veteran's claim for an evaluation in excess of 30 percent for service-connected fecal incontinence has been granted, and she is now rated at 60 percent.

The Veteran's appeal is remanded for additional development, including obtaining updated VA and non-VA treatment records, an addendum opinion from the September 2015 VA examiner, and a medical opinion regarding whether the Veteran has pancreatitis or residuals thereof, if any, and their relationship to his service-connected ulcerative colitis.

The Veteran's bilateral compression neuropathies are caused by his service-connected diabetes mellitus, type II. The Board grants service connection for these conditions as secondary to the service-connected diabetes.