Other conditions decisions — 2012

The Veteran's appeal is being remanded due to a scheduling conflict for a Travel Board hearing. The case will be returned to the Board for further review.

The Board found no evidence of dysthymic disorder in service or due to a service-connected disability, and the Veteran did not participate in the development process for his TDIU claim.

The Board found that the overpayment of $2,019.00 was validly created and there was no indication of fraud, misrepresentation or bad faith in its creation. The Veteran's failure to report a decrease in his medical expenses did not constitute fault as he had been notified but may have simply overlooked this information. As such, the Board granted the waiver of recovery of the overpayment due to financial hardship.

The Veteran's lung disorder claim is being remanded for additional development, including obtaining medical records and a VA examination to determine the nature and etiology of his lung condition.

The VA medical opinions determined that the Veteran's death was not caused by or a result of her service-connected dysthymic disorder and ischemic cardiomyopathy, which were found to have developed after service. Therefore, the claim for service connection for cause of death is denied.

The Veteran's left and right knee disabilities have been granted increased ratings. The left knee received a separate rating for limitation of extension effective September 28, 2010.,An earlier effective date of February 26, 1998, was granted for the award of a 10 percent rating for chondromalacia patella with degenerative changes of the left knee.

The Veteran's claim for an increased rating for right femur disability from March 29, 2007 was denied as the schedular rating adequately contemplates his disability level and symptomatology.

The Board found that the Veteran's scoliosis pre-existed service and was not aggravated during service. As a result, the presumption of soundness is rebutted, and the claim for service connection for a spinal disability is denied.

The Board denied a higher rating for the Veteran's service-connected compression fractures of D3 and D4, finding that the correct facts were before it at the time and no error was made.

The appellant does not have at least 90 days of active service during a period of war, and therefore is not eligible for nonservice-connected pension.

The Veteran's back disability is currently rated at 40 percent, which is the maximum schedular rating available for a L-1 vertebra compression fracture. The Board finds that his symptoms do not warrant an increase in this rating.

The Board has determined that new and material evidence has been presented, reopening the claim for entitlement to compensation under 38 U.S.C. § 1151 for cerebrovascular accident, claimed as a stroke.

The Board has determined that the Veteran's right esophago-pleural fistula is not service-connected, as it was not caused or aggravated by his service-connected pleural thickening. The claim for compensation under 38 U.S.C.A. § 1151 for a right arm disability has been withdrawn.

The Board determined that the appellant's husband did not have qualifying service for VA death pension benefits, and thus denied her claim.

The Board denied the Veteran's claims for service connection for a spleen disorder and right inguinal hernia, as well as his claim for an increased rating for left ear hearing loss. The Veteran was not granted any benefits.

The Board finds that the Veteran does not have a current cervical spine disability other than spina bifida occulta. Service connection for any other claimed condition is denied.

The Veteran's appeal for service connection for a right shoulder disability has been withdrawn. The case is being remanded to determine if the Veteran was exposed to radiation during service and, if so, whether his vision loss in the right eye is related to that exposure.

The Veteran does not have an eye disorder as a result of VA medical treatment, and the preponderance of evidence shows that any additional disability is not related to VA care.

The Board found that the Veteran's Social Security disability payments and his spouse's income should be included as countable income for purposes of payment of nonservice-connected pension benefits, resulting in a denial of the appeal.

The Veteran's appeal is remanded due to the need for additional VA treatment records and a medical examination. The issue of service connection for lymphoma, which may be related to in-service herbicide exposure, will be reconsidered.