Other conditions decisions — 2012

The Veteran's death was caused by intentional and wrongful homicide committed by the appellant. The appellant is not entitled to pension, compensation, or DIC benefits due to her conviction of homicide.

The Veteran's appeal has been dismissed due to his death. The claim of entitlement to compensation under 38 U.S.C.A. § 1151 for additional disabilities incurred as a result of the surgical implantation and maintenance of penile implants is now moot.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and verifying exposure to benzene during service.

The appellant's service is not recognized for the purpose of receiving a one-time payment from the Filipino Veterans Equity Compensation Fund.

The Board found that the overpayment of disability benefits was valid and denied the Veteran's request for waiver, finding fault on his part in creating the debt.

The Board has granted service connection for reactive airway disease, finding that the Veteran's current condition had its onset during a period of active service and resolving all reasonable doubt in his favor.

The Board denied the Veteran's claims for service connection for a right ear disorder, to include hearing loss; a left ear disorder, to include hearing loss; and for epididymitis with hematuria.

The Board has remanded the case for further development, including obtaining an opinion regarding whether the Veteran's service-connected residuals of shell fragment wound to the back of his head and/or headaches aggravated his claimed disability.

The Board denied the Veteran's claims for service connection for bilateral hip disorders and for TDIU benefits, finding that there was no evidence of a nexus between his current hip conditions and active duty service.

The case is being returned to the Detroit RO for scheduling a video conference hearing before a Veterans Law Judge as requested by the appellant.

The Board denied the Veteran's claim for an initial rating in excess of 50 percent for post-surgical residuals of bilateral mastectomy for gynecomastia, as his disability was already rated at 50 percent.

The Board has dismissed the appeal as there is no longer a controversy regarding the benefit sought for service connection for heart disease, claimed as cardiac transplantation.

The Board found that the Veteran's actinic keratosis and rash on neck and arms, presumed to be due to herbicide exposure in Vietnam, are not service-connected as there is no evidence of a current disability or link to service.

The Board has remanded the case for further development, including obtaining information from Dr. E., a former VA doctor who performed the surgery on the Appellant, and reviewing the February 2000 anesthesia records to determine if the Appellant moved from the operating table during his surgery.

The Board has remanded the case due to questions that warrant additional evidentiary development, including a review of the claims file and an opinion regarding the relationship between the Veteran's current musculoskeletal disorder and service.

The Board denied service connection for a dental disability due to trauma, finding that the evidence did not support the Veteran's claims of in-service dental trauma. The decision was based on the lack of indication of such trauma in the service treatment records.

The Board has remanded the case for further development and consideration of whether an increased apportionment amount in excess of $53.00 per month is warranted due to financial hardship, considering factors such as income, living expenses, and needs of other claimants.

The Board denied the appellant's request for a waiver of overpayment of Department of Veterans Affairs (VA) dependency compensation benefits in the amount of $2,421.00 because her request was not timely filed within 180 days after notification.

The Board found that the Veteran's residuals of rectal cancer were not incurred in or aggravated during active service and did not manifest to a degree of 10 percent within one year after service. The claim was denied as there is no evidence linking the condition to service.

The Veteran's appeal is being remanded due to the need for updated VA treatment records and a new VA examination. The claims will be reconsidered after these steps are completed.