Other conditions Board decisions

The Board has decided that the Veteran's claim for service connection for colitis or Crohn's disease, including as secondary to his service-connected bipolar disorder, is remanded due to conflicting medical opinions and inconsistencies in the Veteran's self-reported history.

The Veteran's pulmonary function testing showed a FEV-1 of no worse than 74 percent of predicted, an FEV-1/FVC of no worse than 91 percent of predicted, and a DLCO (SB) of no worse than 67 percent of predicted; the Veteran has no more than a mild restrictive disability. As these criteria have not been met, his claim for an increased evaluation is denied.

The Veteran withdrew his appeal for the issue of entitlement to payment or reimbursement for medical treatment provided on April 8, 2011.

The Board has decided to remand the case for further action due to a hearing officer's retirement and the Appellant's request for another hearing.

The Veteran does not have refractive error or hyperopia that is related to his military service.

The Board has determined that the Veteran's service-connected dental disability does not meet or approximate the criteria for a compensable rating, and thus denied his claim.

The Board denied the Veteran's claim for an increased evaluation for his right shoulder disability, finding that it did not meet the criteria for a higher rating under any applicable diagnostic codes.

The Board finds that the Veteran's respiratory disorder is related to his in-service asbestos exposure and grants service connection for this condition.

The Veteran's claim for service connection for a bilateral eye disorder is being remanded due to the need for additional development, including obtaining updated VA treatment records and scheduling an appropriate VA examination.

The Veteran's thoracic spine disability did not meet the criteria for a higher rating before September 21, 2011 and after that date. The disability was rated based on its current severity.

The Board denied the Veteran's claims for service connection for residuals of stomach cancer and skin disability, finding no evidence to support a direct link between these conditions and his military service or exposure to herbicides.

The Veteran's cause of death was due to ALS, which is now presumed service-connected under a new VA regulation effective September 23, 2008. The appellant's claim for DIC benefits as due to the establishment of service connection for the cause of the Veteran's death was granted based on this new regulation.

The Veteran's cervical spine disability has been rated at 20 percent disabling, and the evidence does not support a higher evaluation.

The Veteran's appeal is being remanded due to a scheduling conflict for a Travel Board hearing. The case will be returned to the Board for further review.

The Board found no evidence of dysthymic disorder in service or due to a service-connected disability, and the Veteran did not participate in the development process for his TDIU claim.

The Board found that the overpayment of $2,019.00 was validly created and there was no indication of fraud, misrepresentation or bad faith in its creation. The Veteran's failure to report a decrease in his medical expenses did not constitute fault as he had been notified but may have simply overlooked this information. As such, the Board granted the waiver of recovery of the overpayment due to financial hardship.

The Veteran's lung disorder claim is being remanded for additional development, including obtaining medical records and a VA examination to determine the nature and etiology of his lung condition.

The VA medical opinions determined that the Veteran's death was not caused by or a result of her service-connected dysthymic disorder and ischemic cardiomyopathy, which were found to have developed after service. Therefore, the claim for service connection for cause of death is denied.

The Veteran's left and right knee disabilities have been granted increased ratings. The left knee received a separate rating for limitation of extension effective September 28, 2010.,An earlier effective date of February 26, 1998, was granted for the award of a 10 percent rating for chondromalacia patella with degenerative changes of the left knee.

The Veteran's claim for an increased rating for right femur disability from March 29, 2007 was denied as the schedular rating adequately contemplates his disability level and symptomatology.