Other conditions decisions — 2011

The Board finds that the overpayment of benefits in the amount of $3,617 is a valid debt to VA and the action taken to recover this amount was appropriate.

The Board has determined that additional development is necessary prior to the adjudication of the claim due to incomplete records and a need for further investigation into the Veteran's exposure history.

The Board has determined that the Veteran's bilateral foot disorder is not related to his service-connected right ankle disability and therefore, denied service connection for this condition.

The Veteran's claim for non-service connected pension was denied as he did not meet the basic eligibility requirements due to lack of wartime service.

The Board found no evidence of a low back disorder in service or for many years thereafter, and the Veteran's assertions of continuity of symptomatology are not credible. The current low back condition is attributed to multiple incidents post-service.

The Board found that the overpayment of VA disability compensation benefits in the amount of $230.08 was improperly created due to administrative error on the part of the RO, and therefore not valid.

The Board has determined that additional development is needed to determine the etiology of any current gastrointestinal disorder and bilateral hand tremor, including whether these conditions are related to service. The Veteran's claims for service connection will be remanded.

The Veteran's claims for service connection for tendonitis of the upper back and right shoulder and forearm tendonitis were denied. The initial rating for right shoulder tendonitis was granted at 10%, while the initial rating for right forearm tendonitis was granted at 0% until September 3, 2008, when it increased to 10%.

The Veteran was not in receipt of pension or compensation at the time of his death, did not have a pending claim for VA benefits, and his body was not held by a State. Therefore, the criteria for nonservice-connected burial benefits are not met.

The Veteran's claims for service connection for testicular or epididymal cyst, including hydrocele, and varicocele are being remanded due to the need for additional development of his service treatment records from his second period of active service.

The Veteran withdrew his appeals for the issues of entitlement to service connection for bilateral hearing loss and his requests to reopen claims of service connection for bilateral pes planus, choking sensation, bronchitis, and headaches. The Board dismisses these appeals.

The Board has determined that the Veteran's cause of death, pulmonary fibrosis, was related to his in-service asbestos exposure and granted service connection for this condition.

The Veteran's death was caused by sepsis and nosocomial pneumonia, which are not service-connected.,The appellant did not file her application for nonservice-connected death pension benefits within one year of the Veteran's death.

The Veteran's appeal is being remanded for additional development, including a VA examination and the provision of relevant VA medical records.

The Board has been notified that the appellant wishes to withdraw her appeal regarding whether the countable income for child's death pension was properly calculated.

The Veteran's death was not caused by or a result of any service-connected disability, including his PTSD. The Board denied the claims for service connection for cause of death and DIC under 38 U.S.C.A. § 1318.

The Veteran's claim for service connection for a neurological disorder of the left upper extremity, which he contends is secondary to his service-connected chronic cervicalgia, was denied as there is no credible evidence showing a current disability and no link between the claimed condition and service or a service-connected disability.

The Veteran withdrew the appeal concerning his claim for educational benefits under 38 U.S.C. Chapter 33, the Post 9/11-GI Bill Program.

The Veteran seeks service connection for non-Hodgkin's lymphoma, claimed as due to exposure to herbicides. The case is being remanded for further development regarding the alleged exposure in Korea.

The Veteran's appeal is remanded for further development, including a VA examination to assess the current severity of his bilateral pes cavus disability. The issue will be recharacterized as seeking increased ratings for this condition.