Other conditions decisions — 2014

The Board has remanded the case for further development to determine if the Veteran was exposed to ionizing radiation during service, and to obtain a VA examination to assess any eye disability and left arm disability. The issues of entitlement to service connection remain on appeal.

The Board has granted service connection for calluses of the right foot, finding that they are related to service and resolving all reasonable doubt in favor of the Veteran.

The Board denied reopening a previously denied claim for service connection for a psychotic disorder, finding that the Veteran did not appeal the denial within one year and that no new and material evidence had been received. The motion to revise this decision based on clear and unmistakable error (CUE) was denied.

The Veteran's claim for a compensable disability evaluation prior to September 8, 2010, and an evaluation in excess of 20 percent from that date was partially granted by the Board. The decision is vacated due to procedural issues.

The Board has vacated the previous decision and granted service connection for right humeral head lesion as secondary to service connected thoracic outlet syndrome due to whiplash injury.

The Veteran's cause of death, metastatic colon cancer, was not caused by or related to his service, including exposure to ionizing radiation. As a result, the claim for service connection for the cause of the Veteran's death is denied.

The Board denied the appellant's claim to be recognized as the Veteran's surviving spouse for VA death benefits purposes due to the lack of a valid marriage prior to the Veteran's death, despite her arguments and assertions.

The Veteran's claim for an initial disability rating in excess of 10 percent for service-connected degenerative joint disease of the thoracic spine is being remanded due to the need for a new VA examination.

The Veteran's appeal for a waiver of recovery of an overpayment of VA disability benefits in the amount of $18,179.00 was denied because he misrepresented material facts and committed acts of bad faith.

The Board has determined that the overpayment of $18,283.00 in VA pension benefits was properly created due to the Veteran's concurrent receipt of SSA disability benefits.

The Board has determined that the evidence received since the previous final decisions is not new and material, thus denying the request to reopen the claim of whether the character of the appellant's discharge constitutes a bar to VA benefits.

The Veteran's claim for an initial rating higher than 10 percent for residuals of penile injury with post-operative residuals of a retained foreign body in the scrotum was granted, effective March 28, 2014.

The Veteran's claim for an increased rating for his service-connected right hand fingers is being remanded due to the passage of time since his last examination and his assertions of worsening.

The Veteran's appeal is being remanded for additional development, including a new examination and consideration of his TDIU claim.

The Veteran's service-connected left and right knee chondromalacia patellae have been rated at 30 percent for each knee, reflecting the limitation of extension to 15 degrees in both knees.

The Board has dismissed the appeal due to the death of the appellant, as it does not have jurisdiction to adjudicate the merits of this claim.

The Veteran's service from November 1957 to November 1961 does not constitute active military service during a period of war, and there were no claims pending at the time of his death. Therefore, the appellant is denied entitlement to nonservice-connected death pension benefits and accrued benefits.

The Board denied the appellant's claim for an apportionment of the Veteran's VA compensation benefits because her marriage to the Veteran was dissolved in August 1996, and she is no longer a spouse.

The appellant's claim for non-service-connected disability pension benefits is denied as he lacks qualifying active service during a period of war.

The Board denied entitlement to additional accrued benefits for reimbursement of medical expenses due and payable to the deceased Veteran, finding no legal entitlement under VA laws and regulations.