Other conditions decisions — 2013

The Veteran's overpayment of VA disability compensation benefits in the amount of $10,373.00 was validly created due to his failure to inform VA of his father's death for many years. The Board found that recovery would not be against equity and good conscience as it would not cause undue financial hardship, defeat the purpose of the benefits, or unfairly enrich the Veteran.

The Board finds that the Veteran's schizoaffective disorder is more likely than not related to service, including his symptoms of hearing voices and self-medicating with alcohol during military service. The evidence supports a finding that the condition began in or shortly after service.

The Veteran's appeal for a waiver of overpayment in the amount of $3,180 was dismissed as there is no remaining case or controversy regarding this issue.

The Board has ordered a remand to obtain additional medical opinions regarding the etiology of the Veteran's claimed right arm and hand disabilities, specifically whether they are caused or aggravated by her service-connected right shoulder disability. The case will be returned for further development.

The Veteran's service-connected systemic lupus erythematosus is shown to have been productive of exacerbations lasting a week or more, two or three times per year, but not an acute condition with frequent exacerbations, producing severe impairments of health. As of May 24, 2005, the criteria for an initial evaluation of 60 percent were met.

The VA examiner concluded that the Veteran's complaints of photosensitivity were less likely than not secondary to allergies, as there were no ocular findings on examination and the symptoms were within normal range. Therefore, service connection for photosensitivity is denied.

The Board is remanding the case to determine if the Veteran's testicular cancer, which was diagnosed in 1980 and treated with orchiectomy, is related to his active service, including potential herbicide exposure. The examiner will need to consider both direct service connection and whether it is at least as likely as not that the condition began during service.

The Board found the overpayment of VA educational benefits to be valid and denied the Veteran's request for waiver.

The Board found that the Veteran's insomnia is a result of his marijuana abuse, and thus not service-connected.

The Board has granted service connection for bilateral foot calluses, finding that the Veteran's current condition is less likely than not incurred in or caused by his active service. Service connection was denied for bilateral hallux valgus, hammer toes, and degenerative changes due to lack of evidence showing their onset during service.

The Board found that there was no evidence of asbestos or other hazardous material exposure during service, and the weight of the evidence did not support a finding of a causal link between any such exposure and current pulmonary fibrosis.

The Board denied the Veteran's claim for service connection for a skin disorder, manifested by cysts and lipomas, to include as a result of exposure to herbicides. The evidence did not establish that the Veteran was exposed to Agent Orange or served in Vietnam during the relevant time period.

The Veteran's service-connected undifferentiated somatoform disorder and moderate dementia with cognitive and mood problems were rated at 10 percent prior to July 17, 2009.,From July 17, 2009 to August 28, 2012, the Veteran's disability was rated at 70 percent.

The Veteran is seeking compensation for additional right eye disability due to surgeries performed by VA in January 2007. The claim has been remanded for further development.

The Board found no evidence of ionizing radiation exposure in service and denied the Veteran's claims for service connection for basal cell carcinoma and a bilateral lower extremity disability due to lack of direct evidence.

The Veteran's claim for an earlier effective date for a 20% rating for right talus fracture residuals was denied as it is not factually ascertainable that an increase in disability had occurred within one year prior to May 24, 2002.

The Board found that the Veteran does not have a current heart disability and therefore denied her claim for service connection.

The Board has granted service connection for the Veteran's cold injury residuals, finding that it is at least as likely as not incurred in service due to exposure to cold weather.

The Veteran's claim for TDIU is being remanded due to the need for additional evidence, including SSA disability benefits records and employment information from his current employer. The VA examiner will provide an opinion on whether his service-connected disabilities preclude him from securing and following substantially gainful employment.

The Board has granted service connection for left breast segmental resection/lumpectomy and hysterectomy due to petroleum exposure, with no issues regarding the other conditions or exposures.