Other conditions decisions — 2012

The Board has remanded the case due to the need for additional evidence and notification of the Appellant.

The Veteran's eye disorders, including bilateral macular degeneration, bilateral cataracts, dry eyes, and ectropion of the right eye, were not incurred in or aggravated by active military service. The claim is denied.

The Board found that the appellant's discharge was due to willful and persistent misconduct, which is considered dishonorable conditions. Therefore, his character of discharge bars him from receiving VA benefits.

The Board denied the appellant's request for a waiver of recovery of an overpayment of VA death pension benefits, finding that fault was found on her part for not accurately reporting income and medical expenses in a timely manner. The Board also determined that recovery would not be against equity and good conscience.

The Board has reopened the claim of service connection for the cause of the Veteran's death due to new and material evidence received, including lay statements describing gastrointestinal symptoms during and after service. The claim will now be adjudicated on its merits.

The Board has determined that the Veteran's atrial fibrillation is not caused or aggravated by his service-connected diabetes mellitus, type II or PTSD. Therefore, service connection for this condition cannot be established.

The Veteran's lumbar spine disorder is currently manifested by spondylolisthesis, with subjective complaints of low back pain; objectively, he had forward flexion of the lumbar spine to 75 degrees (with pain), at worst with no additional loss of motion on repetitive use. There is no evidence of incapacitating episodes.

The Board found that the overpayment was validly created and not due to fraud, misrepresentation or bad faith on the part of the Veteran. The decision concluded that recovery would not be against equity and good conscience as it would not deprive the Veteran of basic necessities.

The Veteran's claim for an increased rating for early degenerative intervertebral disk disease at L1-2 and L4-5 is being remanded due to the need for clarification regarding any benefits received in connection with his employment status and pertaining to a lumbar spine condition.

The Veteran's neurological deficits associated with syringomyelia have not met the criteria for a higher evaluation since November 17, 2010.

The Board denied service connection for a gastrointestinal disorder, including hiatal hernia with reflux and gastritis, and declined to reopen the previously-denied claim of service connection for hiatal hernia with reflux and gastritis. The UTI disability was also denied a compensable rating.

The Veteran's current skin condition is not related to his military service and the Board has determined that he does not have a chronic skin disorder. Service connection for any skin disability cannot be granted as due to herbicide exposure, and direct service connection is also denied.

The Veteran is entitled to VA compensation for additional disability resulting from a thoracoscopy, wedge biopsy times three, and bronchoscopy performed by the VA medical center in Seattle, Washington, in December 2000 due to lack of informed consent.

The Board found that the Veteran's current otitis externa did not result from his service and is not related to a service-connected disability.

The Board has dismissed the appeal due to a withdrawal request from the appellant's authorized representative.

The Veteran's appeal was dismissed due to his death, and the Board has no jurisdiction to adjudicate the merits of this claim.

The Board found that the Veteran's familial tremor did not manifest within a year of separation from service and was not incurred in service, thus denying his claim for service connection.

The Board has determined that a new examination is needed to address the Veteran's residuals of non-Hodgkin's lymphoma, including any mental impairment. The claim will be remanded for further development and consideration.

The Board found that the Veteran's amputations were not caused by VA carelessness, negligence, or similar instance of fault. The evidence showed proper care.

The Veteran's claim for service connection for pulmonary fibrosis is being remanded due to the need to obtain updated treatment records and a VA examination. The issue will be reconsidered on the merits.