Other conditions decisions — 2019

The Board denied a compensable rating for service-connected costochondritis, finding that the Veteran's symptoms most nearly approximated 'slight' under the criteria of DC 5321 for thoracic and respiratory muscle injuries.

The Veteran's service-connected mood disorder due to physiological condition, unspecified is rated at 100 percent effective June 2, 2015. The appeal for a higher rating prior to that date has been denied.

The Veteran's daughter is not eligible for Dependents Educational Assistance (DEA) benefits because she was over the age of 26 when her eligibility for DEA benefits was established.

The Veteran's unspecified trauma and stressor-related disorder is rated at a 70 percent disability rating, but not higher. The symptoms include anxiety, chronic sleep impairment, irritability, difficulty in establishing effective relationships, and suicidal ideation.

The Board found that the overpayment of Chapter 33 (Post-9/11 GI Bill) education benefits was not due to sole VA error and therefore denied the benefit.

The Veteran's claim for service connection for an acquired psychiatric disorder, specifically unspecified mood disorder, has been reopened. The claim is denied as the evidence does not establish a relationship between the current condition and active service.

The Board has decided to remand the Veteran's claim for service connection for bilateral pars defect and anterior placement of L4 on L5, as there is insufficient evidence regarding the nature and etiology of the disability. The case will be returned to the AOJ for further action.

The Veteran's income exceeded the maximum annual pension rate (MAPR) for a Veteran with one dependent and in need of aid and attendance, thus denying nonservice-connected pension benefits from May 1, 2017 forward.

The Veteran's peripheral artery wall calcification of the right and left lower extremities has not resulted in claudication on walking less than 25 yards, persistent coldness of the extremity, or ankle/brachial index of 0.5 or less, thus preventing a higher rating.

The Board has ordered a new VA examination to address the Veteran's dizziness/loss of consciousness, including its relation to service and any aggravation by his service-connected conditions.

The Veteran's claim for residuals of pneumonia is denied as there are no current disabilities related to the service-connected pneumonia he experienced in Turkey.

The Veteran's service-connected DJD of the left hip is granted a 10 percent disability rating for limitation of flexion and adduction, with all reasonable doubt resolved in her favor.

The Board denied the Veteran's claims for service connection for testicular cancer and special monthly compensation based on loss of use of a creative organ, finding that there was no evidence to support these claims.

The Board has decided to remand the case due to issues regarding the creation of an overpayment debt and its validity. The Veteran's appeal will be returned for further review.

The Board has decided that the claim for service connection for chronic myeloid leukemia should be remanded due to conflicting evidence and a need for a medical opinion regarding in-service radiation exposure.

The Veteran is not entitled to an effective date earlier than August 25, 2001 for DEA benefits because he was not in receipt of a permanent and total service-connected disability prior to that date.

The Veteran's son is not recognized as a helpless child for the purpose of receiving DIC and accrued benefits due to his failure to prove he was permanently incapable of self-support by reason of mental or physical defect at age 18.

The Board denied the Veteran's request for a waiver of overpayment of Post-9/10 GI Bill (Chapter 33) tuition and housing benefits, finding that recovery would not be against equity and good conscience due to fault on the part of the Veteran.

The Board denied the appellant's claim for non-service connected death pension benefits because her income exceeded the maximum annual death pension rate (MAPR) that applies to a surviving spouse with no dependents.

The Veteran's claim for payment or reimbursement of medical expenses at Providence Milwaukie Hospital is denied because a VA facility was feasibly available when he sought private treatment in preference to VA services.