Other conditions decisions — 2013

The Veteran's overpayment of VA benefits in the amount of $919.08 is being reviewed to determine if it was properly created.

The Veteran's overpayment of $24,934 in non-service connected pension benefits is waived due to the hardship caused by his need for home health care services.

The Board has determined that the Veteran's metastatic colon cancer, which caused his death in July 2006, had its onset during service and is therefore service-connected.

The Board has remanded the case for further development and readjudication, including obtaining updated income information from the Veteran and any dependents, performing an audit of pension payments, and providing a supplemental statement of the case.

The Veteran's service-connected bilateral patellofemoral syndrome knees are not shown to meet the criteria for a rating in excess of 10 percent, and her claims for increased ratings have been denied.

The Veteran's appeal is being remanded due to the need for additional development, including obtaining VA treatment records and scheduling a new examination.

The Veteran's death was not due to a service-connected disability, and he did not receive any VA compensation or pension benefits at the time of his death. The appellant's application for non-service connected burial benefits is denied.

The Veteran's appeal is being remanded for additional development, including a VA examination to assess the current severity of his service-connected right index finger disability and whether he has a current scar. The claim will be readjudicated after this development.

The Veteran's appeal has been dismissed due to his death, and the Board does not have jurisdiction to adjudicate the merits of this claim.

The Board denied the appellant's claim for a one-time payment from the FVEC Fund due to lack of qualifying service, as determined by the National Personnel Records Center (NPRC).

The Board found that the appellant's service ended with an other than honorable discharge due to willful and persistent misconduct, making his service dishonorable for VA compensation purposes.

The Veteran is seeking reimbursement for unauthorized medical expenses incurred during his hospitalization at IWMC from October 16, 2009 to October 19, 2009. The appeal is currently in remand status due to incomplete records.

The Board found that the Veteran's left hip disability, including avascular necrosis leading to total hip replacement, was not incurred in or aggravated by service.

The Board found that the Veteran's disequilibrium did not occur or have onset during active service, his service-connected hearing loss disability did not cause or aggravate a condition resulting in disequilibrium, and the Veteran's disequilibrium is not related to his active service.

The Veteran's abdominal injury, including a shell fragment wound and exploratory laparotomy, is currently rated at 10 percent. The VA examiner found no evidence of service connection via the PACT Act or other presumptive conditions.

The Board has dismissed the appeal due to the death of the appellant.

The Board denied compensation under 38 U.S.C.A. § 1151 for numbness in the bilateral lower extremities and muscle spasms of the right calf, both claimed as due to VA lack of proper care/negligence in providing surgical treatment in October 2004.

The Board dismissed the appeal due to the Veteran's death, and no longer has jurisdiction over the case.

The Veteran's claims for increased ratings and TDIU prior to December 15, 2000 were denied as the evidence did not support a higher rating or entitlement to TDIU based on his education level.

The Veteran's service-connected disabilities did not render her unemployable prior to November 18, 2002.