Other conditions decisions — 2014

The Veteran does not meet the threshold eligibility requirements for nonservice-connected pension benefits due to lack of qualifying wartime service.

The Board found that termination of the appellant's pension benefits effective January 1, 2005, was proper due to excessive income. The overpayment at issue in this case is denied.

The Veteran's overpayment of non-service connected pension benefits was waived due to a failure to report income from Social Security benefits, which did not result from fraud or bad faith.

The Board found that the Veteran's status as a fugitive felon from March [redacted], 2009, to June [redacted], 2009 was valid and thus denied payment of VA nonservice-connected pension during this period.

The Board found that the grant of service connection for a perforated right ear drum was clearly and unmistakably erroneous due to pre-existing condition, and thus severed it. The Veteran's active duty did not show any increase in severity of his pre-existing condition.

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

The Veteran's hearing loss is not considered to be caused by the 1988 VA ear surgery, as his pre-existing condition and noise exposure are deemed more significant factors.

The Veteran's claim for a higher rating for his postoperative chronic compartment syndrome of the left leg is being remanded due to inadequacies in the March 2013 VA examination report and the need for updated treatment records.

The Board found that the Veteran's service-connected L5-S1 herniated nucleus pulposus did not meet the criteria for a higher disability rating, as it did not manifest unfavorable ankylosis of the thoracolumbar spine or at least six weeks of incapacitating episodes with physician prescribed bed rest during a twelve-month period.

The Board has remanded the case due to insufficient evidence regarding a current right leg disorder and its etiology. The Veteran is required to undergo further examination and obtain an opinion on whether any diagnosed condition is related to service.

The Board is remanding the claim for further development and consideration, including obtaining a medical nexus opinion concerning the etiology of the Veteran's multi-symptom disability.

The Board denied the claim for VA disability compensation under 38 U.S.C.A. § 1151, finding that the Veteran's right eye disability was not caused by carelessness, negligence, lack of proper skill, error in judgment or similar instance on VA's part.

The Board has ordered a remand to obtain the complete copy of the June 2012 VA examination report and medical opinion regarding whether the Veteran has an additional disability manifested by residuals of a stroke that were proximately caused by hospital care, medical or surgical treatment furnished by VA during his December 2003 treatment at the Hampton VA Medical Center.

The Board has remanded the case for further development, including obtaining updated VA treatment records and scheduling a Social and Industrial Survey. The Veteran's employability due to his service-connected disabilities will be evaluated.

The Board has remanded the case for additional development, including obtaining an opinion on whether the Veteran's tobacco abuse caused or contributed to his esophageal cancer and if it was secondary to PTSD. The appeal is pending further action.

The Board found that the Veteran does not have a current disability due to a head injury sustained during active duty service and denied his claim for service connection.

The Board has determined that the Veteran's bilateral foot disorders and neck disorder are not related to service, and therefore denied these claims.

The Veteran's nonservice-connected pension benefits were not apportioned to the Appellant prior to December 1, 2013 due to insufficient income and expenses.

The Board found that the Veteran's esophageal cancer did not meet the criteria for service connection due to Agent Orange exposure, as it was not shown to be related to his military service or presumed exposure. The primary site of the cancer was in the esophagus, and there is no evidence linking this condition to his time in Vietnam.

The Board has determined that the Veteran's right knee disability, specifically a right medial meniscus posterior horn tear and medical femoral condyle cartilage fissures fibrillation with subchondral bone exposure, was not incurred in or aggravated by service. The claim for service connection is denied.