Other conditions decisions — 2014

The Veteran's back surgery necessitated convalescence through January 30, 2011. The Board granted an extension of the temporary total evaluation based on this need for convalescence.

The Board has determined that additional development is necessary to determine the creation and calculation of the Veteran's overpayment debt, including how much of his monthly benefit was withheld for prior VA overpayment debts.

The Veteran's cause of death is undetermined and unlikely to be resolved. The appeal is remanded due to the need for clarification regarding the Veteran's dependency status prior to his death.

The Board denied the Veteran's request for waiver of a debt in the amount of $5,783.47 due to the lack of timely receipt of the request.

The Board finds that the reduction of the evaluation for non-Hodgkin lymphoma from 100 percent to noncompensable effective September 1, 2011 was proper.

The Board denied the Veteran's claim for an effective date earlier than April 20, 2010 for the grant of Chapter 33, Post-9/11 GI Bill education benefits based on the law and regulations.

The Board found that the overpayment of $3,894.00 was validly created due to the Veteran's failure to notify VA of his divorce from his second spouse in October 1995. The Board denied a waiver of recovery as it determined there was no indication of fraud or bad faith on the part of the Veteran and that collection would not be against equity and good conscience.

The Veteran's appeal is remanded due to issues related to his character of discharge from service, which is inextricably intertwined with the issue on appeal. The case will be readjudicated after resolving this threshold matter.

The Veteran developed additional disability (an inferior result prosthesis and weight loss) as a result of VA treatment for an October 2005 left total knee arthroplasty, which did not meet the standard of care required.

The Veteran's skin disorder, including on his upper extremities and head, is found to have its onset during service and is related to his active duty. Service connection for this condition is granted.

The Board denied the Veteran's claim for service connection for bilateral trochanteric bursitis, finding that there was no medical evidence to support a nexus between her current condition and her active duty service.

The Veteran's right knee disability, characterized by traumatic arthritis with some limitation of motion but no significant impairment in range of motion, is rated at 10 percent under the rating criteria for degenerative arthritis. The Board finds that this rating adequately reflects the severity and symptomatology of his condition.

The Veteran's claim for service connection for non-Hodgkin's lymphoma, which he contends is related to radiation exposure during a visit to Hiroshima and Nagasaki in 1954, has been remanded due to the need for additional development regarding potential radiation exposure.

The Board has remanded the case for further development, including obtaining a medical opinion regarding the etiology of the Veteran's porphyria cutanea tarda and whether it is related to his military service or herbicide exposure.

The Veteran's appeal is remanded due to the need for additional development of his left leg disability claims, including obtaining records from private medical providers and addressing the issue of whether he was AWOL at the time of his motorcycle accident.

The Veteran's cellulitis and lymphangitis of the right leg have been resolved, with no current symptoms or need for treatment. As a result, he does not meet the criteria for a compensable disability rating.

The Veteran's AML is related to his in-service toxic herbicide exposure, and the Board grants service connection for this condition.

The Veteran's arthritis of the right hip, post-total hip replacement, is currently rated at 50 percent effective June 27, 2011. The Board finds no evidence to support a higher rating during any period.

The Board found that the Veteran's injuries were caused by his own willful misconduct and therefore denied service connection for both head injury and back injury.

The Board has granted a waiver of recovery for an overpayment of $3,000.00 in VA educational benefits due to the Veteran's financial hardship and lack of fault.