Other conditions decisions — 2011

The Board has determined that the Veteran does not currently have ADHD and therefore, service connection for this condition is denied.

The Board has ordered a remand due to the need for additional development of the record, including obtaining missing documents and information from the Veteran's spouse regarding her income during the period in question.

The Board found that the overpayment was valid and not due to fraud, misrepresentation or bad faith. The Veteran's failure to notify VA of his change in marital status did not rise to the level of fraud but recovery would be against equity and good conscience.

The Veteran's appeal has been withdrawn, and thus the cases are dismissed.

The Board has determined that additional development is needed to determine the nature and etiology of the Veteran's current back and groin injuries, including whether they are related to his service. The case is therefore being remanded for further action.

The Board has dismissed the appeal due to the death of the appellant, and thus no jurisdiction remains for adjudicating the merits of this claim.

The Veteran was awarded additional disability compensation benefits based on his dependent spouse, but the effective date for this award is denied as it does not meet the criteria set by VA regulations.

The Veteran's claim for payment or reimbursement of unauthorized emergency medical transportation services provided on June 15, 2008 is being remanded due to the need for further development regarding his income status and proof of unemployment.

The Board has determined that the Veteran's sensory deficit of his left lower extremity does not meet or approximate the criteria for a disability rating higher than 20 percent, and his hypoesthesia of the left side of the face does not meet or approximate the criteria for a disability rating higher than 10 percent.

The Board denied the Appellant's claim for an earlier effective date for DIC benefits, finding that she did not submit evidence regarding the Veteran's marital history or a request to reopen her DIC claim prior to March 3, 2009.

The Board has determined that additional development is necessary prior to the adjudication of this claim, including obtaining a VA examination and reviewing all relevant evidence submitted since the last SSOC.

The appeal has been dismissed due to the death of the Appellant, and appellants' claims do not survive their deaths.

The Veteran's left Achilles tendinitis with a spur was initially rated as noncompensable from October 7, 1992 to July 12, 1994 and then rated as 10 percent disabling from July 13, 1994. The Board found that the evidence did not meet the criteria for a compensable rating prior to July 13, 1994 or for a higher rating thereafter.

The Board denied eligibility for CHAMPVA benefits due to the appellant not meeting the legal criteria, specifically that she was enrolled in Medicare Part A but not Part B during the period from February 2, 2005 through June 1, 2009.

The Veteran's digestive symptoms, including diarrhea and abdominal pain, are not related to his active duty service. The Board finds that the post-service gastrointestinal complaints can be attributed to a known clinical diagnosis.

The Board found that the Veteran's left arm disability was not proximately due to or the result of VA carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault on the part of VA in furnishing reasonable care.

The Veteran's appeal for an earlier effective date for a total disability rating based on individual unemployability (TDIU) has been denied by the Board of Veterans' Appeals.

The Veteran's appeal is remanded due to the need for additional information regarding the validity of a debt created in relation to payment of VA nonservice-connected pension benefits from January 1, 2006. The amount and calculation of the debt owed by the Veteran are not clear.

The Veteran's initial claim for an increased evaluation for Addison's disease was granted, with a rating of 20 percent effective July 31, 2007. The VA examiner found that the Veteran had one episode of hypoglycemia in October 2007 and two to four episodes during the past year.

The Veteran's claim for service connection for esophageal cancer, including as due to exposure to herbicides (Agent Orange), is being remanded for further development and consideration.