Other conditions decisions — 2014

The Board has remanded the Veteran's claims for additional development due to failure to notify her of scheduled VA examinations and potential scheduling issues.

The Veteran's appeal is being remanded to obtain additional medical records and for a new examination. The claims will be re-adjudicated based on the evidence obtained.

The Veteran seeks service connection for a right forearm contusion and subsequent tendon rupture with tendonitis. The Board has determined that further development is needed, including obtaining additional medical records and scheduling the Veteran for an examination to determine if his current condition is related to his active service.

The Veteran's facial keloids disability is manifested by no more than five characteristics of disfigurement and no more than two painful scars of the face, warranting a 50 percent rating for facial keloids under Diagnostic Code 7800.,A separate 10 percent rating is assigned for painful scars under Diagnostic Code 7804.

The Veteran's appeal for service connection for mental anguish with sleep deprivation is dismissed as the RO has granted this condition in a November 2011 rating decision. The issue of service connection for dizziness remains on appeal.

The Veteran's claim for a TDIU was denied as she maintained substantially gainful employment throughout the appeal period.

The Veteran's claim for disability compensation under 38 U.S.C. § 1151 for squamous cell carcinoma of the tongue was denied as there is no evidence that VA's care or treatment caused his cancer.,The Veteran's appeal for service connection for a left arm disability was withdrawn during his hearing before the Board.

The Veteran's appeal is being remanded due to the need for a VA examination to address his allegations and medical questions raised by the claim under 38 U.S.C.A. § 1151.

The Veteran's claim for an earlier effective date for the addition of his dependent stepchildren E.W. and B.W. was denied as there is no evidence that he previously notified VA of their existence within one year of a July 2008 rating decision increasing his compensation award.

The Veteran's claim for service connection for a low back condition is being remanded due to the need for another examination and review of his medical records.

The Veteran's claim for an earlier effective date for additional compensation based on school attendance of his children was denied. The RO had provided the necessary notifications and forms, but the Veteran did not timely respond to these communications.

The Board has determined that new and material evidence has been submitted to reopen the claim of service connection for lymphoma of the left testicle. The underlying issue is then considered on a de novo basis, and it is granted.

The Board found that the appellant was at fault in creating the overpayment and denied his request for a waiver of recovery, but concluded that recovery would not violate principles of equity and good conscience.

The Board has determined that the appellant is entitled to recognition as the surviving spouse of the Veteran for purposes of VA death benefits.

The Veteran's death was not caused by a service-connected disability, and therefore, the claim for cause of death is denied. For DIC under 38 U.S.C.A. § 1318, the Veteran did not meet the criteria as he had not been continuously rated as totally disabled due to his service-connected disabilities for at least ten years preceding his death.

The Veteran's trigeminal neuralgia and speech impediment were not incurred or aggravated during service, and there is no evidence of a nexus to service. The Board finds that the claims for these conditions are denied.

The Board has determined that discontinuance of the 100 percent rating for B-cell lymphoma was proper, and separate non-compensable ratings for peripheral neuropathy of each upper and lower extremity are also appropriate.

The Veteran is seeking service connection for cold injury residuals in his lower and upper extremities. The Board has determined that a VA examination is needed to assess the current nature and etiology of these disabilities, as well as their relationship to military service.

The Board has remanded the case for further development due to inadequate examination and opinion regarding the Veteran's service-connected tibia disabilities.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses at Sparrow Hospital on December 16, 2010 is being remanded due to incomplete records. The appellant must provide additional documents and the case will be readjudicated.