Other conditions decisions — 2012

The Board has determined that the Veteran is entitled to a waiver of recovery for overpayment of non-service-connected pension benefits in the amount of $25,794.00 due to VA's administrative error and undue hardship caused by his fugitive felon status.

The Veteran's appeal is for higher ratings for his service-connected residuals of adenocarcinoma of the prostate. The claim has been remanded due to a need for additional VA compensation examination and treatment records.

The Board denied the Veteran's application to reopen his previously denied claim of service connection for back pain with arthritis, finding that no new and material evidence had been submitted showing that this condition occurred in or was caused by service.

The Veteran's myalgia of the lower extremities is not considered to be proximately due to VA care, and thus compensation under 38 U.S.C.A. § 1151 for this condition is denied.

The Board has determined that the Veteran does not have a prostate disability or residuals of heat exhaustion related to his service, and therefore denied both claims.

The appellant's representative withdrew the appeal for entitlement to death pension.

The Veteran is seeking service connection for a myeloproliferative disorder, which she claims was caused by in-service exposure to hazardous chemicals. The Board has ordered additional development of her case, including obtaining personnel records and scheduling an examination.

The Board has determined that the Veteran's priapism residuals have been objectively shown to be manifested by no more than a fully functional implanted penile pump and no penile deformities or other abnormalities, thus denying a compensable evaluation.

The Board has remanded the case due to incomplete records and additional development is required.

The Board has determined that the appellant does not have recognized active military service for the purpose of receiving a one-time payment from the FVEC Fund, and thus her claim is denied.

The Board denied the appellant's request for an increased DIC rate based on her having custody of C.R., a grandson who is not the Veteran's child and was not adopted by the Veteran prior to his death. The law does not allow for such an increase.

The Board has remanded the case for further development due to an inconclusive VA examination regarding whether the Veteran's psychotic disorder is related to his military service.

The Board found that the Veteran's service-connected scars on his back warranted a 10 percent disability rating, but granted a separate 10 percent rating for residuals of shrapnel wounds to Muscle Group XXI.

The Veteran's claims for service connection and increased ratings were denied. The Board found that the evidence did not meet the criteria for higher initial ratings under the applicable rating criteria.

The Board has determined that the Veteran's allergic reaction, skin rash, and respiratory disorder are all due to injury or disease incurred in service.

The Veteran's beneficiary designation for his NSLI policy was changed to J.K. and R.K., the grandchildren of the Veteran, who are now claiming entitlement to the proceeds. The Board finds that this change was valid as it was made in writing by the insured (the Veteran) with a notary stamp present. However, due to the Veteran's hospitalization at the time of the change, there is no evidence of undue influence or lack of testamentary capacity, and thus the appellant is not entitled to the proceeds.

The Board has granted increased ratings of 20 percent for the Veteran's service-connected shell fragment wounds to muscle group XI in both legs, finding that these disabilities are consistent with a moderately severe disability.

The Board has determined that the Veteran's chronic residuals of a hyperextension injury of the right thumb are service connected. The left shin disorder is also found to be service connected.

The Board found that the Veteran's diagnosed HIV was not related to his military service and denied his claim for service connection.

The Veteran's service connection claim for residuals of left inguinal hernia is granted as the injury occurred during active service and was incurred therein.