Other conditions decisions — 2014

The Board found that the Veteran's colon cancer is not related to his active service, including exposure to herbicides. As a result, the claim for service connection was denied.

The Veteran's claim for service connection for epididymitis is denied as he does not have a current diagnosis of this condition.

The Board has determined that the Veteran's current BPH and ED were not incurred in service or otherwise related to his period of active duty, including any herbicide exposure. The claim for service connection is denied.

The Board has granted the Veteran's request for waiver of recovery of an overpayment of VA compensation benefits in the amount of $16,497.46, finding that it would be against equity and good conscience to recover this debt due to significant VA fault and lack of intent to flee justice.

The Board finds that the Veteran's urinary incontinence symptoms are not caused by his service-connected cystitis and therefore, does not warrant an increased rating.

The Board found that the Veteran was not a fugitive felon for VA compensation purposes between March 15, 1995 and March 9, 2009, thus terminating his VA compensation benefits beginning April 19, 2004 was improper.

The Board denied the appellant's claim for recognition as the Veteran's surviving spouse due to a lack of evidence establishing a common-law marriage in accordance with Kansas state law.

The Veteran's right epididymal cyst has not required drainage, frequent hospitalization, or continuous intensive management. Therefore, the claim for an initial disability rating in excess of 10 percent is denied.

The appellant is awarded $530 in retroactive aid and attendance benefits due to the deceased spouse at her death.

The Veteran's claim for service connection for a right elbow disability is being remanded due to the unavailability of his service and VA treatment records, which may provide relevant information. A VA examination will be scheduled to address the nature and etiology of his claimed condition.

The Board denied service connection for stress fracture of the second metatarsal, right foot and arthritis of the second right foot metatarsal as they were not incurred in or aggravated by active service.

The Board has determined that the evidence submitted since November 1976 does not constitute new and material evidence to reopen the forfeiture decision, thus denying the appellant's request to restore her VA benefits.

The Board has determined that new and material evidence has not been received to reopen the claim of entitlement to recognition as the Veteran's surviving child for purposes of eligibility to DIC and death pension benefits. The June 2008 decision denying the claim is final.

The Board has determined that further development is needed to determine the etiology of the Veteran's bilateral edema of the lower extremities, including whether it is related to his military service.

The Veteran's initial compensable rating for bilateral foot calluses was granted, and he is currently rated at 30 percent. The issue of a higher disability rating in excess of 30 percent from February 28, 2008 remains unresolved.

The Board found that the Veteran's gout did not manifest in any joint other than his left great toe and ankles bilaterally during service, and there is no evidence of current disability in a different joint. The claim for service connection was denied.

The Board has determined that the Veteran's umbilical and ventral hernias were not incurred or aggravated during his military service. The VA examiner concluded that any pre-existing conditions are more likely congenital in origin, and did not find evidence of a link to service.

The Veteran's claim for service connection for cancer of the head and neck, to include as due to herbicide exposure (Agent Orange), is being remanded for additional development including obtaining VA treatment records and scheduling a VA examination.

The Veteran's service-connected DJD of the thoracic spine has been rated at 10 percent since May 2, 2006.,Prior to June 6, 2011, her DJD was manifested by stiffness, weakness, fatigability, normal range of motion, spasm, and degenerative changes without pain or functional loss on motion. The Veteran's appeal for a higher rating is denied.,Since June 6, 2011, the Veteran's DJD has been manifested by characteristic prostrating attacks occurring on an average of once a month over the last several months, without severe economic inadaptability.

The Veteran's appeal is being remanded for further development of the evidence, including a clarification on whether his service-connected prostate cancer aggravated his claimed clotting disorder and an evaluation of the impact of both disabilities on his employability.