Other conditions decisions — 2012

The Veteran's claim for service connection for larynx cancer was received on August 31, 2007. The Board finds that an earlier effective date is not warranted as the Veteran did not submit a claim prior to this date.

The Board found that the appellant received payments of $450.00 and $10, 150.00 to satisfy valid debts she owed as administratrix of her daughter's estate. These payments are not considered income for VA pension purposes due to their debt-satisfaction nature.

The Board denied the appellant's claim, finding that his period of service from June 26, 1982 to May 19, 1987 was discharged under other than honorable conditions due to willful and persistent misconduct. As a result, he is barred from VA benefits.

The Veteran seeks service connection for a right elbow disability, which he contends was incurred during active duty. The VA has ordered the case back to be remanded due to inadequate examination and need for further development.

The Veteran is entitled to compensation benefits under the provisions of 38 U.S.C.A. § 1151 for spinal cord ischemia injury with severe paraparesis and complete bowel and bladder involvement resulting from November 2006 surgery, as this disability was not the result of his own misconduct, caused by VA surgical treatment, and due to an event not reasonably foreseeable.

The Board has remanded the case for further development due to new evidence submitted by the Veteran without a waiver of RO review.

The Veteran's appeal was denied because his notice of disagreement with the March 2008 rating decision denying a rating in excess of 10 percent for right patellar femoral tendonitis was not filed within the one-year period following the notification letter.

The Veteran's appeal is being remanded for further development, including the provision of a VA examination to assess his service-connected aortic valve replacement and the collection of all outstanding treatment records.

The Veteran's claim for a compensable evaluation for partial degloving, left ring finger is being remanded due to the need for additional examination and development of the record.

The Board has determined that the criteria for a waiver of recovery of overpayment of pension debt in the amount of $8,756 have been met due to VA's fault in creating the debt and undue financial hardship.

The Veteran's autoimmune disease, CIDP, is found to be causally related to his in-service exposure to JP-4 aviation fuel and cleaning solvents as an aircraft mechanic and crew chief during the Korean Conflict. The appeal for service connection is granted.

The Board has remanded the case for further development, including scheduling a hearing before a third Veterans Law Judge.

The Veteran's appeal is being remanded due to the need for updated VA examinations and additional development of his claims.

The Board denied the Veteran's claims for service connection for additional gastrointestinal disability and Raynaud's disease, finding that these conditions were not related to his in-service treatment.

The Board found that the Veteran's multiple myeloma is service-connected due to exposure to hazardous materials during his military service, including benzene and jet fuel. The claim for Camp Lejeune exposure was not supported by evidence.

The Board found that the Veteran's skin disorder was not incurred in or aggravated by active military service, and may not be presumed to have been the result of exposure to Agent Orange.

The Board finds that the Veteran's heart condition, including as due to exposure to herbicides, does not meet the criteria for service connection. The pre-existing congenital defects are not considered a disease or injury under VA compensation laws and regulations.

The Board has denied the Veteran's claim for service connection for an innocently acquired psychiatric disorder, including PTSD. The case is being remanded to obtain a more detailed opinion from the VA psychiatrist who conducted the August 2011 examination.

The Board has determined that the Veteran's right and left knee disabilities are rated at 10 percent each, effective August 16, 2006.

The Board finds that the Veteran's heart disability, including status post myocardial infarction, was not incurred in or aggravated by active service and may not be presumed to have been incurred therein. The preponderance of evidence does not support a finding of service connection.