Other conditions decisions — 2014

The Veteran's death was not due to a pending claim for VA benefits at the time of his death, and therefore, the appellant is denied accrued benefits.

The Veteran withdrew his appeal regarding the waiver of recovery of an overpayment of compensation benefits on November 7, 2011, in the amount of $13,026.73.

The Board denied the claim to reopen service connection for the cause of the Veteran's death in August 2008, finding that new evidence did not raise a reasonable possibility of substantiating the claim. The appeal alleging CUE in this decision is denied.

The Veteran's urinary tract symptoms have been attributed to benign prostatic hypertrophy, and there is no evidence of a service-connected disability or an undiagnosed illness related to his deployment. The Board finds that the Veteran does not meet the criteria for service connection.

The Veteran was awarded compensation for chronic empyema with pleural disease and bacterial infections under 38 U.S.C.A. � 1151 due to VA's failure to diagnose the condition, resulting in a more severe medical condition.,The Veteran was also awarded compensation for chronic fevers, sweats, fainting spells, loss of blood and cardiology problems under 38 U.S.C.A. � 1151 because of VA's failure to exercise the degree of care expected from a reasonable health care provider.

The Board has remanded the case due to incomplete income verification and other procedural issues, requiring further development before a final decision can be made.

The Board has determined that the Veteran's anal fistula disability, including perianal cysts and fistula-in-ano, had its onset during military service and is therefore granted service connection.

The Veteran's service-connected systolic heart murmur was found to be productive of a workload of greater than 7 METs but not greater than 10 METs, resulting in dyspnea, fatigue, angina, dizziness, or syncope. Continuous medication was also required from March 2, 2011, leading to a 30 percent rating.

The Veteran's appeal is being remanded due to the need for additional development and examination, particularly regarding his claims for bilateral lower extremity numbness and gastrointestinal disorder.

The Board has determined that the case must be remanded to address whether the overpayment of compensation was properly created and if any portion is valid. The appellant will be asked to submit an updated financial status report, and the request for waiver of overpayment will be reconsidered.

The Board denied the claims of entitlement to DIC due to the deceased Veteran's blindness secondary to bilateral occipital lobe infarcts and entitlement to DIC under 38 U.S.C.A. § 1151, based on VA treatment in November 1997.

The Board denied the Veteran's claims of entitlement to service connection for right leg varicose veins and right leg deep vein thrombosis, finding that the evidence did not support these claims.

The Board found that hypertension was not incurred or aggravated in active service and may not be presumed to have been incurred therein.

The Board has determined that the Veteran's current stress urinary incontinence is likely due to her pregnancies during active service, and thus grants her claim for service connection.

The Veteran's right upper extremity weakness is currently rated at 20 percent, but the evidence does not support a higher rating as there is no indication of moderate incomplete paralysis.

The Board has reopened the claim and determined that there is sufficient evidence to establish service connection for a low back disability.

The Veteran's appeal is being remanded for additional development, including scheduling a VA examination and obtaining private treatment records. The issues of entitlement to initial disability ratings in excess of 10 percent for his service-connected right and left foot disabilities are on hold until further notice.

The Veteran's right elbow disability is currently rated at 10 percent, effective July 18, 2009. The rating reflects limitation of motion with flexion ranging from 10 to 145 degrees and extension limited to 10 degrees.

The Board has determined that the Veteran's multiple myeloma is related to his service exposure to herbicides, and thus grants service connection for this condition.

The Veteran's appeal is remanded for additional development, including obtaining updated medical records and scheduling a VA examination to assess the severity of his service-connected toe disability and its impact on his employment.