Other conditions decisions — 2014

The Board has determined that the termination of compensation benefits was improper and the resulting overpayment debt of $53,069.90 is invalid due to the Veteran not being a fugitive felon as defined by VA law.

The Veteran's request for a waiver of overpayment of educational benefits was denied because it was not filed within the 180-day time limit following notification of the overpayment.

The Veteran's service-connected postoperative residuals of hammertoe of the right foot are rated as 10 percent disabling, which is the maximum rating available under Diagnostic Code 5284. The Board finds that the criteria for a higher rating have not been met and grants a 10 percent rating.

The appellant's service in the Commonwealth Army of the Philippines and recognized guerrilla forces does not qualify them for nonservice-connected pension benefits as per VA regulations.

The Veteran's private medical expenses for emergency room services on October 31, 2011 at the Maine Medical Center are denied as he has coverage under a health-plan contract.

The Board has determined that the Veteran's service-connected loss of use of both feet, due to cold injury, did not contribute substantially or materially to his death. However, after considering all evidence and opinions provided, including those from VA medical experts and a specialist in neurology and psychiatry, it is at least as likely as not that the frostbite injury and the Veteran's eventual loss of use of both feet contributed to his death.

The Board has reopened the claim for basic eligibility for VA death benefits, but finds that the appellant is not entitled to such benefits as there is no credible evidence showing he was permanently incapable of self-support prior to age 18 due to polio.

The Board denied the appellant's claim for a one-time payment from the FVEC Fund due to lack of certification of her late husband's service as a recognized guerrilla in the Philippines during World War II.

The Board has determined that the Veteran's Ménir's disease first developed during his second period of active military service and grants service connection for this condition.

The Board has remanded the case for additional development, including obtaining medical records and scheduling a VA examination. The Veteran's claims of increased evaluation for left foot metatarsal bone fractures and entitlement to a total disability rating based on individual unemployability are pending.

The Veteran's claim for service connection for gout of the bilateral legs and feet is being remanded due to inadequate development, including a need for an addendum opinion from the January 2013 VA examiner.

The Veteran's breast cancer is found to be proximately due to or the result of her service-connected fibrocystic breast disease, and thus granted service connection for this condition.

The Board has remanded the case for further development due to missing VA medical records and clarification of the Veteran's right upper extremity disability, including carpal tunnel syndrome.

The Veteran's service connection claim for bilateral hand strain is granted. The remaining claims for initial ratings on asthma, adjustment disorder with mixed anxiety and depressed mood, GERD, rosacea, allergic rhinitis, and external hemorrhoids are not addressed in this decision.

The Veteran's service connection claims for eye disability and brain disability are both granted. The eye disability is found to be related to his service-connected hyperthyroidism/Graves' disease, while the brain disability claim is denied as there is no evidence of a traumatic brain injury in service or otherwise.

The Veteran's appeal is being remanded due to the need for an in-person hearing before a Veterans Law Judge (VLJ) at the local RO. The case will be returned to the Board after the hearing.

The Board has remanded the case for a VA examination to determine if the Veteran's residuals of a broken nose are related to service. The appeal is now pending again with the RO.

The Veteran's service-connected prostatitis is currently rated at 40 percent, effective from February 11, 2004. The Board finds that the disability does not meet or approximate criteria for a higher rating.

The Board denied service connection for a rash and generalized body aches, finding no evidence of current disabilities or in-service events that would support such claims.,Regarding the issue of recoupment of separation pay, the Veteran's notice of disagreement was timely filed but a Statement of the Case has not been issued. The case is therefore remanded to provide one.

The VA medical treatment for a cardiac stress test did not cause the Veteran's epicondylitis and ulnar nerve entrapment of the right arm, which was diagnosed prior to the treatment. The Board finds no additional disability or causal nexus.