Other conditions decisions — 2014

The Board has determined that the Veteran's current colon cancer is proximately caused by his service-connected diabetes mellitus, type II.

The Board denied the Veteran's claim for a waiver of recovery of an overpayment of education benefits in the amount of $5,434.40 due to no indication of fraud, misrepresentation, or bad faith on his part and because repayment would not be against equity and good conscience.

The Board has ordered a remand due to the need for additional development, including obtaining VA examinations and reports. The Veteran's claim of entitlement to an initial compensable rating for residuals, fragment wound, right forearm is pending.

The Board denied the Veteran's claims for service connection for residuals of left foot contusion, left great toe and residuals of a hematoma, right great toe.

The Veteran's bilateral hip disabilities have been rated at the minimum compensable level (10%) under Diagnostic Code 5252, due to flexion limited to 30 degrees in both hips. The claims for higher evaluations are denied.

The Veteran is seeking service connection for a disability of the left hand including fingers, which he claims as due to or part of his service-connected left wrist disability. The case has been remanded for further examination and opinion regarding the relationship between the claimed disability and service.

The Veteran's back disability was rated at 20 percent prior to January 6, 2011. Effective January 6, 2011, the rating for his back disability increased to 40 percent.

Effective August 14, 2013, the Veteran's service-connected adjustment disorder with depressed mood is rated at 100 percent disabling due to total occupational and social impairment caused by symptoms such as suicidal ideation, anger, panic attacks more than once per week, and difficulty in establishing effective relationships.

The Board found that the Veteran's current stomach disability is not related to his active duty service, and thus denied his claim for service connection.

The Veteran's cause of death was determined to be from pancreatic cancer, which the VA examiner opined was not related to his active service or exposure to Agent Orange. The Board found that there is no competent evidence linking the Veteran's pancreatic cancer to his military service.

The Board found that the appellant could not be recognized as the Veteran's surviving spouse for eligibility to death benefits due to their legal marriage being invalid in Maryland and New York, where common law marriages are not legally recognized.

The Veteran's appeal is being remanded for further development, including obtaining updated treatment records and arranging for a respiratory examination to determine the nature and likely etiology of any current respiratory disability.

The Veteran's claim for a higher disability rating for his left collar bone fracture was denied as the evidence did not show any additional limitation of motion or functional impairment that would warrant an evaluation greater than 20 percent.

The Board found that the overpayment of VA educational assistance benefits was valid and denied a waiver due to bad faith on the appellant's part.

The Board found that the Veteran's death was not caused by a service-connected disability and denied both his claim for service connection for cause of death and his request for a compensable rating for his right thumb disability.

The Board has decided to remand the case for further development, including a VA examination and medical opinion regarding the etiology of the Veteran's gastrointestinal tumor.

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

The Veteran's claim for service connection for orchialgia, to include as secondary to a surgical scar at the right inguinal area, is being remanded due to inadequate examination and opinion.

The Veteran's bilateral photorefractive keratectomy, claimed as cornea tears and dryness, has been manifested by severe symptoms including constant corneal tearing, intense pain, and dryness. The Board finds a 10 percent evaluation best represents his disability picture.

The Board has granted the Appellant's claim for accrued benefits in the amount of $1,783.17 as reimbursement for cremation expenses paid by him on behalf of his deceased father.