Other conditions decisions — 2011

The case is being remanded for the missing documents related to the appellant's request for a waiver of overpayment and the October 2008 decision denying the waiver request. The claim will be readjudicated after these documents are obtained.

The appellant is not the surviving spouse of the Veteran at the time of his death, and therefore does not meet the criteria for basic eligibility for VA death benefits.

The Board has remanded the claims for payment of unreimbursed medical expenses and entitlement to fee basis outpatient chelation therapy due to incomplete development.

The Veteran's pre-existing neuritis of the right thigh was noted at service entrance and did not increase in severity during her military service. The Board finds that she does not have a current disability related to this condition incurred or aggravated by active duty.

The Board granted an effective date of November 17, 2000 for service connection and a noncompensable rating from November 17, 2000 to June 14, 2001. The Veteran's current condition warrants a 40% rating.

The Board has granted service connection for basal cell carcinoma of the left cheek, left neck, and right ear. The Veteran's in-service sun exposure is considered credible, and medical opinions support a link between his current condition and service.

The Board determined that the Appellant does not have recognized active military service as required to establish eligibility for Filipino Veterans Equity Compensation Fund benefits and therefore denied his claim.

The Veteran's appeal is being remanded for additional development to determine the severity of his service-connected chronic peptic ulcer disease, recurrent, status post vagotomy with pyloroplasty.

The Board found that the Veteran's skin disorder, including as due to Agent Orange exposure, was not incurred in or aggravated by service.

The Veteran's death was caused by congestive heart failure due to a pituitary adenoma, which the Veterans Court determined was caused by exposure to ionizing radiation during service. The Board has granted service connection for the cause of the Veteran's death.

The Board has remanded the case for further development, including obtaining additional medical records and scheduling a VA dental examination to determine if the Veteran's current dental disability is due to in-service negligence or malpractice. The claim will also be adjudicated by the appropriate VA agency of original jurisdiction.

The Veteran's service-connected bladder cancer with left nephrectomy was rated at 100% from July 29, 2009 to December 13, 2009 due to active malignancy based on local recurrence or metastasis.

The Board found that the Veteran's post-polio syndrome existed prior to service and did not increase in severity during service, thus denying his claim for service connection.

The Board has remanded the case for further development regarding the Veteran's exposure to radiation during service and his duties related to aircraft used in Operation Redwing. The claim will be readjudicated after these actions.

The Board has determined that the Veteran's cause of death, respiratory failure and emphysema, was not caused by or a result of his service-connected conditions.

The Board found no evidence of a current right elbow disability that had its onset in service and is causally related to active service. The Veteran's right knee disability was not shown to result in objectively painful motion, loss of motion, instability, functional impairment, or frequent episodes of 'locking', pain and effusion into the joint.

The Veteran's service-connected callosities of the right and left feet are productive of impairment analogous to a moderately severe foot disability, warranting separate 20 percent ratings for each.

The Board has granted service connection for thoracolumbar spine strain, finding that the Veteran's current back condition is related to his military service. The issue of entitlement to service connection for a neck injury remains pending and will be remanded.

The Board has determined that the Veteran's nerve damage of the lower spine and bilateral legs are related to his service-connected cervical spine disability, thus granting service connection for these conditions.

The Board found that the overpayment of $4,452.00 and apportionment of $2,400 were properly created due to the appellant's failure to inform VA of his spouse's death and subsequent marriage, respectively. The waiver request was denied.