Other conditions decisions — 2010

The Veteran's appeal is about the validity of an overpayment of additional compensation for a dependent. The Board has decided to remand the case for further development and consideration.

The Veteran's residuals of recurrent ear infections with disequilibrium are etiologically related to service and the Board has granted service connection for this condition.

The Veteran's overpayment of disability compensation benefits in the amount of $9,362.00 is waived due to fault on the part of VA and no fault on the part of the Veteran.

The Board determined that the Veteran is incompetent to handle disbursement of VA benefits funds.

The Board found that the Veteran's right leg weakness, atrophy, hyperreflexia, and idiopathic upper motor neuron condition did not increase in severity beyond its normal progression as a result of active service. The conditions were also not shown to be secondary to his service-connected low back disability. As for other issues, including right ear hearing loss, tinnitus, bilateral foot disorder, right shoulder disorder, and right knee disorder, the Board determined that these conditions were not incurred in or aggravated by active service.

The Board found that the Veteran's sexual dysfunction was not incurred in or aggravated by active duty service and is not due to a service-connected disability. The claim for service connection for gastroesophageal reflux, hiatal hernia, peptic ulcer disease, and irritable bowel syndrome (secondary to PTSD and herbicide exposure) remains pending.

The Veteran's service-connected left groin flap scar does not cause or aggravate his claimed disability encompassing a loss of muscle mass, limited range of left leg and hip motion, arthritis, and nerve damage.

The Board found that the Veteran's dysthymic disorder is related to his military service and granted service connection for this condition.

The Veteran's service-connected right foot disability is productive of no more than slight to moderate impairment, and the criteria for a rating in excess of 10 percent have not been met.

The Board has determined that the Veteran's throat disorder did not manifest in service and is not shown to be causally or etiologically related to service, including as due to ionizing radiation exposure. As a result, the claim for service connection for a throat disorder was denied.

The Board found that the Veteran's left hip disorder, which required a total hip arthroplasty, was not incurred in or aggravated by active service and is not proximately due to, or the result of, any service-connected disability.

The Board has determined that there is no evidence of a chronic, identifiable liver disorder or pancreatitis present during service or currently. Therefore, the Veteran's claims for service connection are denied.

The Board has remanded the case for additional development, including verification of the Veteran's service in the Army Reserves and Army National Guard, obtaining medical records from such service, and providing an opinion regarding the etiology of the gastrointestinal disability.

The Veteran's death was ruled as the result of his own willful misconduct, specifically operating a vehicle at excessive speed and without a seatbelt while under the influence of alcohol. The Board found these actions constituted willful misconduct, barring direct service connection for his untimely death.

The Board has determined that the Veteran is not entitled to a compensable disability rating for his postoperative right inguinal hernia and denied an increased rating for his status post stress fracture of right pubis with ilio-inguinal nerve entrapment.

The Board denied the appellant's claim of recognition as the Veteran's surviving spouse for VA benefits purposes, finding that she did not meet the legal requirements due to lack of a valid common-law marriage.

The Veteran's prostate cancer was granted service connection based on presumptive exposure to herbicide agents in Vietnam, effective from March 4, 2005. The RO later changed the effective date to January 14, 2005.

The Board found that the Veteran's service-connected disabilities did not cause or contribute substantially to his death from mesenteric infarction and thoraco-abdominal aneurysm.

The Board denied the appellant's claim for nonservice-connected death pension benefits due to her countable income exceeding the maximum annual pension rate.

The Veteran's overpayment of disability compensation benefits is denied because he failed to notify VA of his divorce, resulting in continued payment as if he still had a dependent spouse. Recovery would not deprive him or his family of life's basic necessities.