In the notification letter for a June 2004 rating decision, the RO reported that the Veteran had an active appeal pending for an earlier effective date for PTSD and that there cannot be both an appeal and a current claim for the same disability. The hearing loss is still rated as noncompensable.
The Board acknowledges that the January 2011 GAF score of 60 supports a finding of moderate symptoms.The Veteran has a sole service-connected disability of anxiety disorder with agoraphobia and panic attacks, which has been rated as 30 percent disabling for the entire appeal period.
Entitlement to service connection for an acquired psychiatric disorder.This matter comes before the Board of Veterans' Appeals (Board) on appeal from a June 1997 rating decision issued by the Department of Veterans Affairs (VA), Regional Office (RO), in Philadelphia, Pennsylvania.
In June 2014, the Board remanded the claim of service connection for central nervous system ischemic changes, the claim for a higher initial rating for coronary artery disease, and the claim for an earlier effective date for coronary artery disease. Both heart sounds were normal;
Entitlement to service connection for degenerative joint disease of the cervical spine, to include as secondary to a service-connected low back disability. § 7252 (West 2014), only a decision of the Board of Veterans' Appeals is appealable to the United States Court of Appeals for Veterans Claims.
In January 2014, the Board again denied the Veteran's claim to service connection for a lung disorder in addition to denying a claim to a total disability rating based on individual unemployability (TDIU). Obtain and include in the claims file any outstanding VA treatment records.
Entitlement to a total disability rating based on individual unemployability due to service-connected disabilities (TDIU). Expedited handling is requested. § 7252 (West 2002), only a decision of the Board of Veterans' Appeals is appealable to the United States Court of Appeals for Veterans Claims.
The RO found that the Veteran's discharge on October 27, 1951 was conditional and that his active service, to include the date of the injury, was a bar to VA benefits because the Veteran was discharged in April 1954 for conviction of a felony offense in civil court.
his personality disorder (of itself) is not a compensable disability; See Cohen; While the Board noted that the Veteran's Desert Storm stressor would support a grant of service connection if PTSD were diagnosed, there is simply no evidence of any such diagnosis. Jandreau, 492 F.3d 1372, 1377.
With regard to the appeal of the Veteran's claim for an initial compensable disability rating for service-connected residuals of the removal of a growth or tumor from the left ear, the Board remanded the matter for further development in September 2008, November 2010, and May 2012.
The Court has also held that staged ratings are appropriate for an increased rating claim when the factual findings show distinct time periods where the service-connected disability exhibits symptoms that would warrant different ratings. See February 2012 VA examination report.
The Veteran appealed the decision. 17.1004 (d)(4) (shows that claim must be filed within 90 days of the date the Veteran finally exhausted without success, action to obtain payment or reimbursement for the treatment from a third party).
Entitlement to service connection for sleep apnea, claimed as secondary to service connected posttraumatic stress disorder (PTSD). Allen v. Brown, 7 Vet. § 7252 (West 2014), only a decision of the Board of Veterans' Appeals is appealable to the United States Court of Appeals for Veterans Claims.
Entitlement to service connection for a renal disorder, including renal cancer with loss of kidney, claimed as secondary to in-service exposure to herbicides and service-connected diabetes mellitus (renal disorder). Therefore, the presence of a current disability is established. Hodgkin's disease;
Entitlement to higher evaluation for adenocarcinoma of prostate, assigned a 100 percent evaluation prior to February 1, 2015 and 10 percent thereafter.Urinary frequency is rated as follows: a 10 percent evaluation is warranted for a daytime voiding interval between two and three hours, or;
Upon review of the Veteran's electronic file, it appears no Statement of the Case addressing these matters has been issued. § 7252 (West 2014), only a decision of the Board of Veterans' Appeals is appealable to the United States Court of Appeals for Veterans Claims.
This case comes before the Board of Veterans' Appeals (Board) on appeal of June and July 2014 administrative decisions issued by the Department of Veterans Affairs (VA) VA Medical Center (VAMC) in Huntington, West Virginia.This claim must be afforded expeditious treatment.
Whether there is clear and unmistakable error (CUE) in the November 10, 1999, Board decision that found no CUE within the April 1946 rating decision that initially denied the service connection claim for residuals of cold injuries of the feet. See Canady v. Nicholson, 20 Vet.
Entitlement to a total disability rating based on individual unemployability due to service-connected disabilities (TDIU). Further, the Veteran's private audiologist noted that there are speech recognition sounds that the Veteran cannot hear due to the severity and of his hearing loss.
Entitlement to a waiver of recovery of an overpayment of VA benefits under the Veterans Retraining Assistance Program (VRAP) in the amount of $5, 943.20, to include the validity of the debt. The overpayment of VRAP benefits in the amount of $5, 943.20 was validly created. (2) Balancing of faults.
