Other conditions decisions — 2014

The Veteran's squamous cell carcinomas of the tongue and pharynx are not presumed to be etiologically related to in-service exposure to an herbicide agent, specifically Agent Orange.

The Board finds that a debt for an advance payment of $3000 for Chapter 33 educational assistance benefits was properly created and that recovery of the overpayment would not be against equity and good conscience.

The Veteran's cholecystectomy is found to be service-connected, and his PTSD is granted an initial evaluation of 50 percent prior to October 3, 2012. The TDIU claim remains pending.

The Veteran's service connection claim for benign prostatic hypertrophy is granted as the evidence shows a current disability and its onset during active duty service.

The Veteran's appeal is remanded for additional development, including obtaining VA outpatient treatment records and scheduling a VA examination to assess the severity of his service-connected bilateral ocular surface dryness disorder.

The Board denied the Veteran's claim for additional vocational rehabilitation benefits under Chapter 21, Title 38 of the United States Code, other than self-employment services. The decision was final as the Veteran did not appeal to the Court.

The Veteran's request for waiver of overpayment was denied as it was deemed untimely due to his failure to file a timely request after receiving the notice of indebtedness in November 2004.

The Veteran's claim for payment or reimbursement of private medical expenses incurred at Putnam Community Hospital on March 31, 2010 is granted as his condition was considered an emergency and he could not have safely been discharged from the hospital.

The Board has remanded the case for additional development, including obtaining a VA medical opinion to determine whether the Veteran's confirmed in-service exposure to asbestos and/or lead paint caused or contributed substantially or materially to his cause of death.

The Veteran's acromioclavicular strain of the right shoulder does not meet or approximate the criteria for a disability rating in excess of 10 percent.

The Board has reinstated the Veteran's non-service-connected pension benefits effective February 1, 2008.

The Veteran's appeal is denied as she does not meet the eligibility requirements for MGIB education benefits under 38 C.F.R. § 21.7042.

The Board has determined that the Veteran's current skin disorders did not begin during or were otherwise caused by his active service, including exposure to herbicides.

The Board has remanded the case for further development to determine if the Veteran's service-connected condition contributed to his death and to obtain a medical opinion regarding this issue.

The Board has determined that the Veteran's service-connected adjustment disorder with depressed mood warrants a disability rating of 70 percent prior to April 20, 2011.

The Board found that the appellant's discharge from service was under other than honorable conditions due to willful and persistent misconduct, which constitutes a bar to VA benefits. The appellant did not provide sufficient evidence to establish insanity during his periods of unauthorized absence.

The Veteran's actinic keratosis has not resulted in disfigurement or significant skin loss, and thus does not warrant an increased rating. The current 10% disability rating adequately reflects the severity of his condition.

The case is being remanded for additional development to verify the appellant's service and determine if they are eligible for a one-time payment from the Filipino Veterans Equity Compensation Fund.

The Veteran's service-connected chronic tonsillitis is not shown to be manifested by hoarseness with inflammation of vocal cords or mucous membrane, and therefore does not meet the criteria for a compensable rating.

The Veteran's abdominal hernia and spinal herniated disc have been granted service connection. However, his claims for bilateral hearing loss and tinnitus were denied as there is no evidence of in-service noise exposure or current disability.