Other conditions decisions — 2011

The Veteran's service-connected epididymitis, right with residuals, is manifested by daily pain and swelling, but no more than severe episodes entailing nausea, fatigue, and exhaustion. The Board finds a 10 percent disability evaluation is warranted for the entire appellate period.

The Board found that the overpayment of compensation benefits in the amount of $1,775.00 was not properly created due to VA administrative error and constructive notice of the Veteran's spouse's death.

The Board has remanded the case due to incomplete records and the need for a dose estimate based on the Veteran's claimed exposure. The claim of entitlement to service connection for non-Hodgkin's lymphoma, for the purposes of accrued benefits is also pending.

The Board found that the Veteran's current left foot/toe disability, including arthritis and hallux valgus, did not have its clinical onset in service or due to a presumptive exposure basis. The VA examiner opined that his condition is more likely related to his stroke than to any incident during service.

The Veteran's claim for TDIU was denied as he failed to appear at the scheduled VA examination without providing good cause.

The VA Board has determined that the appellant's service-connected traumatic crush fracture of the right index finger does not warrant a compensable initial rating based on current symptoms.

The Board has remanded the case for a new VA examination to determine if the Veteran's current left foot and toe disorder is related to his active service, including an injury sustained in 1986. The claim will be readjudicated after the examination.

The Veteran's request for a waiver of overpayment of $121,367.00 in pension benefits was denied due to bad faith on his part in not reporting his receipt of Social Security Administration income.

The Veteran's appeal was granted, and he is now receiving a 10 percent evaluation for his nerve irritation with left leg radiation.

The Board has determined that there is no evidence of a chronic muscle injury to the back related to service, and thus denied the Veteran's claim for service connection.

The Board has determined that the appellant's unearned income from her SSA Survivor Benefit exceeds the VA maximum annual pension rate, and thus she is not eligible for nonservice-connected death pension benefits.

The Board has determined that the Veteran's currently diagnosed urinary tract condition is related to his military service, and thus grants service connection for this disability.

The Veteran's claim for service connection for bilateral inguinal hernia is being remanded due to the need for a VA examination.

The Veteran's abdominal aortic aneurysm is not service-connected as secondary to his service-connected hemiplegic migraines.,The Veteran's adjustment disorder with depressed mood was first shown many years after his active duty and has not been shown by competent and credible evidence to be related in any way to such service.

The Veteran's stroke is found to be related to his in-service findings of ischemic vascular disease, and service connection for residuals of ischemic stroke is granted.

The Veteran's claim for service connection for substance abuse, chemical dependency, and addiction is denied as it is a result of willful misconduct.

The Veteran is seeking service connection for a non-specified nerve disorder, claimed as due to exposure to harmful chemicals at Fort Greely. The Board has determined that additional development is needed and the case is being remanded.

The appeal is being remanded due to an undeliverable hearing notice letter. The appellant should be provided with a new hearing at the RO.

The Board found that the Veteran's claims for service connection for residuals of cat scratch fever, dengue fever, and Guillain-Barre syndrome were denied as there was no evidence linking these conditions to his military service.

The Board has granted an initial evaluation of 100 percent for the Veteran's service-connected systemic lupus erythematosus, finding that her symptoms meet the criteria for such a high rating due to frequent exacerbations resulting in severe impairment of health.