Other conditions decisions — 2014

The Board has remanded the case due to inadequate examination and need for additional development.

The case is REMANDED for the following actions: 1) Provide an audit of the Veteran's account in writing, clearly showing the calculation of his debt and any reductions that have taken place. 2) Adjudicate whether the debt for overpayment of VA benefits is valid. 3) Readjudicate the claim of entitlement to waiver of recovery of an overpayment of VA benefits.

The Board has determined that the appellant is considered the Veteran's surviving spouse for VA benefits purposes, allowing her to receive DIC benefits.

The Veteran's claim for service connection for a dental condition is denied as there is no evidence of a compensable disability.

The Veteran's service-connected residuals of cold injuries to the right and left lower extremities are not more than 30 percent disabling, which is the maximum rating allowed under VA regulations.

The Veteran withdrew their appeal before the Board could make a decision.

The Board has determined that the Veteran's left leg screw and plate was not incurred during active service, but rather occurred in a 1999 motor vehicle accident. As such, the claim of entitlement to service connection for this disability is denied.

The Board has granted a partial waiver of the appellant's debt, waiving $20,000 but denying the remaining amount.

The Veteran's respiratory disorder is found to be due to his in-service exposure to Agent Orange. The skin disorder claim requires additional examination and clarification from the VA provider who made previous statements regarding its relation to Agent Orange.

The Board finds that the Veteran's claimed dysthymic disorder did not develop during service or is otherwise related to his military service. The claim for service connection is therefore denied.

The Veteran has withdrawn his appeal regarding the payment or reimbursement for medical expenses incurred at Legacy Mount Hood Medical Center and Northwest Acute Care Specialists in Gresham, Oregon, on June 8, 2011.

The Board has remanded the case due to the need for a medical opinion regarding whether the Veteran's squamous cell cancer of the skin is related to his service, specifically his presumed exposure to herbicides during service. The Veteran was exposed to Agent Orange in Vietnam and also reported sun exposure as a source of the disability.

The Board has determined that the Veteran's right arm numbness and tingling were incurred during active military service, thus granting service connection.

The Board has determined that the Veteran's claim for service connection for a dental disorder, claimed as broken teeth, cannot be granted as there is no evidence of bone loss or other qualifying conditions to warrant compensation.

The Veteran's blood disorder and respiratory disorder were not found to be service-connected due to lack of evidence supporting a connection.

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

The Board has determined that the appellant does not have qualifying service to be eligible for the one-time payment from the FVEC Fund, and therefore denied his claim.

The Board has remanded the case for additional development due to new evidence and a need for clarification on the relationship between the Veteran's cause of death and his service.

The Veteran's upper back/neck disability is currently rated as zero percent disabling, reflecting no more than objective observation of forward flexion of the cervical spine at 45 degrees and a combined range of motion of 340 degrees. The current rating does not meet the criteria for any higher evaluation under the General Rating Formula for Diseases and Injuries of the Spine.

The Board denied accrued benefits as there was no evidence to establish the Appellant's standing as a surviving spouse and she did not submit documentation regarding her claim for DIC benefits. The effective date of discontinuance of benefits due to death occurred before any potential benefits could be paid.