Other conditions decisions — 2019

The Board has remanded the case due to the need for additional information regarding the appellant's application to change his character of discharge.

The Board dismissed the appeal as the waiver of indebtedness for the overpayment in the amount of $21,203.00 was granted by the Committee on Waivers and Compromises.

The Veteran's claim for service connection for gum disease and loss of teeth, diagnosed as dental caries and periodontal disease, is denied because these conditions are not compensable disabilities under VA regulations.

The Veteran's appeal is being remanded due to the need for a current examination of her left pubic symphysis disability, as she has reported worsening pelvic pain and indicated she wishes to be reevaluated.

The Board has granted a waiver of recovery for an overpayment of VA compensation benefits due to the Veteran's spouse, finding no fault on her part and noting that repayment would cause undue hardship.

The Board has decided to remand two issues: the left varicocele rating determination and the temporary total rating for convalescence period of left microscopic denervation. The decision is pending further review.

The Veteran's adult son seeks accrued benefits for expenses associated with his father's last sickness. The Board denied the claim as the appellant does not qualify as a child for the purpose of accrued benefits and has already received $16,510.42 in reimbursement.

The Board has determined that additional development is needed to assess the current severity of the Veteran's left toe disability, and therefore, the claim for a higher rating is remanded.

The Veteran's gastrointestinal disorder, including ulcerative colitis, was not incurred in or caused by his service. The Board found the negative VA opinion to be sufficient and entitled to probative weight.

The Veteran's hypopharynx cancer was not incurred or aggravated in service and may not be presumed to have been incurred or aggravated in service due to herbicide exposure. The claim for service connection is denied.

The Board has decided that a remand is necessary to obtain updated VA treatment records and schedule the Veteran for a VA examination to determine the current severity of his service-connected herpes simplex.

The Board denied service connection for bilateral restless leg syndrome, finding that the evidence did not support a link to military service.

The Veteran's bladder tumor was found to be benign and not related to his service, including exposure at Camp Lejeune. Service connection is denied.

The Board has determined that the Veteran's acquired psychiatric disorder, specifically adjustment disorder with depressed mood, is secondary to his service-connected disabilities (back and right shoulder injuries). As such, the claim for service connection for this condition is granted.

The Veteran's bladder disorder and multiple tooth extractions are being remanded for further development of records and an opinion regarding their etiology.

The Veteran's appeal for service connection for a left-side muscle injury (also claimed as a hernia) was dismissed. The Board also remanded the evaluation of his bilateral retropatellar pain syndrome.

The Board has denied the Veteran's claims for service connection for left and right hip disorders, as well as his claim for an increased rating for allergic rhinitis. The Board found that there was no evidence of a current disability related to service or a service-connected condition.,The Veteran also had his earlier effective date for service connection for allergic rhinitis denied.

The Veteran's appeal for an initial rating of 10 percent for residuals of Non-Hodgkin's lymphoma was granted. The disability is rated under the direct service connection theory, as there were no service-connected conditions that required reopening or new evidence.

The Veteran's service connection claim for non-Hodgkin’s Lymphoma is denied as there is no evidence of a relationship to his military service. The cause of death claim is also denied because the lymphoma was not related to service.

The Board is remanding the case to obtain additional VA education records and consider the holding in Ozer v. Principi, which may affect the appellant's claim for an extension of the delimiting date beyond October 20, 1995 for education benefits under Chapter 35.