Other conditions decisions — 2019

The Veteran's claim for service connection for an eye disorder, including cataracts and dry eye in both eyes and choroidal nevus (claimed as retinopathy or retinitis), is remanded due to inadequate examination and incomplete records. The examiner must provide opinions on whether the eye disabilities are related to active service, herbicide exposure, diabetes mellitus, and/or coronary artery disease.

The Board has decided to remand the Veteran's claim of service connection for bilateral foot disorder due to insufficient medical opinion and need for further development.

The Veteran's claim for nonservice-connected pension benefits was denied because he did not serve in a period of war, and therefore does not meet the eligibility criteria.

The Board has remanded the case due to inadequate opinion regarding the nature and etiology of the Veteran's left shin splint. The examiner must address the Veteran’s assertions that he had a shin splint for 20 years, his assertion of living with the disability for 20 years, and his claim of a discolored bruise on his leg.

The Board dismissed the appeals for service connection of visual changes, sleep loss, dizziness, and bilateral arm numbness due to the Veteran's death.

The Board denied the claim for service connection for cause of death, finding that metastatic pancreatic cancer was not a service-connected disability and did not result from an event or injury during active service.

The Veteran's kidney disability is remanded for a new VA examination to determine the current severity of his service-connected condition. His back disability and right sacrum pain are also remanded for further evaluation, including obtaining records from workmen’s compensation and examining whether any disabilities are related to service or his service-connected conditions.

The Veteran's active duty service was not considered qualifying for Chapter 33 education benefits because it was required by an agreement under 10 U.S.C. § 2107(b) and did not meet the 90 days of additional active duty service after September 10, 2001 requirement.

The Veteran's inpatient treatment at SJH from February 5, 2016 through February 10, 2016 was approved for VA payment or reimbursement. However, the VAMC denied payment or reimbursement for the cost of the services received on February 7 and 8 due to lack of indication that a transfer to a VA facility had been attempted.

The Board has previously remanded this case, but the requested action was not taken. The case must again be referred for review due to pending legal issues regarding the appointment of a fiduciary.

The Board denied the Veteran's claim to reopen his service connection for lipoma as new and material evidence was not received.

The Board has granted service connection for a poor circulation disability of the right lower extremity, which is found to be secondary to the Veteran's service-connected varicose veins.

The March 1993 rating decision granted service connection for nasal fracture and sinus injuries but assigned a noncompensable rating. The Veteran's motion to revise this decision was denied as there was no clear and unmistakable error in the original determination.

The Board has granted service connection for the Veteran's muscle group II, III, and IV strain, finding that it is at least as likely as not related to his active duty service.

The Board has granted the waiver of recovery of an overpayment of Department of Veterans Affairs (VA) accrued pension benefits in the amount of $1,038.00 due to fault on VA's part and undue hardship for the appellant.

The Board has reopened the Veteran's service connection claim for a dental disability, including gingivitis and abfraction lesion. The case is remanded to schedule the Veteran for a VA dental examination.

The Veteran's hiatal hernia is currently rated at 10 percent, but the Board finds that it does not meet the criteria for a higher rating due to lack of persistently recurrent epigastric distress or considerable impairment of health.,The effective date for the 40 percent rating for subarachnoid hemorrhage residuals was granted on June 21, 2010. The Veteran did not file an earlier claim prior to this date.

The Board has granted effective dates for the addition of the Veteran's spouse and stepchild as dependents to his VA disability compensation award, based on their marriage within one year of the events.

The Veteran's MDS is remanded for a VA examiner to provide an opinion on its relationship to exposure to herbicide agents in Vietnam.

The Board denied the Veteran's requests for earlier effective dates for service connection of varicose veins in both legs, finding that no events or communications prior to August 9, 2011 warranted such an adjustment.