Other conditions Board decisions

The Board has remanded the Veteran's claims for service connection for respiratory disability and bilateral eye disability due to outstanding VA treatment records and additional retrospective medical opinions.

The Board has decided that the earlier effective date for the grant of service connection for edentulism, collapsed vertical dimension of occlusion, malocclusion, and residuals of left jaw oral surgery is remanded due to issues related to CUE in a March 1957 RO decision.

The Board has remanded the case due to incomplete VA treatment records and further development is required.

The Board found that the Veteran's discharge during service from March 1986 to May 1990 was under conditions other than honorable due to willful and persistent misconduct, which is a bar to VA compensation benefits for this period.

The Veteran's unauthorized medical expenses at Florida Hospital Altamonte on August 13, 2014, and August 17, 2014, were denied as the treatment was not for a service-connected disability or an aggravation of a service-connected condition. The Board found that no VA facility was feasibly available and using one beforehand would have been reasonable.

The Board has decided to remand the case due to the need for additional development of records, particularly from a VA Medical Center in San Antonio, Texas. The Veteran's claim for a higher rating for his cardiac artery disease is being returned to the RO for further action.

The Board has remanded the case to obtain a supplemental opinion regarding whether the Veteran's umbilical hernia is related to symptoms documented during service.

The Board has remanded the claims for service connection and TDIU due to conflicting opinions regarding the Veteran's leg disabilities. The case will be returned for further development, including a VA examination.

The Board found that the Veteran's currently diagnosed eye conditions (myopia, astigmatism, and presbyopia) are refractive errors and do not constitute a disease or injury for VA compensation purposes. The preponderance of evidence does not support a finding that these conditions were incurred in service.

The Board denied the Veteran's claim for service connection for lymphatic filariasis, finding that there is no current diagnosis of Hodgkin’s disease/lymphadenopathy, lymphatic filariasis, and/or eosinophilia.

The Board has dismissed the appeal because the appellant did not file a timely VA Form 9 in response to the SOC, which deprived the Board of jurisdiction.

The Veteran's cervical spine disability prior to December 9, 2015 did not meet the criteria for a rating in excess of 10 percent due to limited range of motion and no evidence of ankylosis or intervertebral disc syndrome.

The Veteran's appeal is remanded for a new examination to assess the severity of his service-connected narcolepsy. The issue regarding SMC based on aid and attendance will be referred for extraschedular consideration.

The Veteran's appeal for an earlier effective date for the award of service connection for right TMJ dysfunction was denied. The Board found that the May 2007 rating decision, which initially denied this claim, became final and thus no earlier effective date could be granted.

The Veteran did not have active duty service during a recognized period of war, so the surviving spouse is not eligible for survivors' pension benefits.

The Board has determined that the Veteran's insomnia is at least as likely as not related to his service-connected tinnitus, and thus grants service connection for this condition.

The Board has granted the Veteran's request for waiver of recovery of overpayment of VA compensation in the amount of $2,211.00 due to financial hardship.

The Veteran's application for S-DVI was denied because he failed to submit a premium payment with his initial application, despite being informed of the requirement in multiple communications.

The Veteran's non-Hodgkin's lymphoma with fatigue and weight gain has been in remission since treatment ended in 2003. The Board found no residuals of the condition warranting a compensable rating, as there was no evidence of active disease or metastasis. The issues of entitlement to increased ratings for chemotherapy induced premature menopause, female sexual arousal disorder, and TDIU are remanded due to duty-to-assist errors.

The Board has determined that the removal of the Veteran's dependent spouse from his VA compensation benefits, effective August 1, 2009, was proper due to a lack of timely provided information.