Other conditions decisions — 2014

The Veteran is entitled to reimbursement for the remaining $40.00 of his examination fee after he was previously reimbursed $225.00, as the SAA approved the exam at a lower rate than what the Veteran paid.

The Board is remanding the case for additional development, including obtaining service treatment records and VA treatment records. The Veteran's claim to reopen his service connection claim will be reconsidered.

The Board has determined that the Veteran's current right thumb and wrist disability, diagnosed as a sprain of the first metacarpal trapezial joint of the right thumb, did not manifest in active service and is not otherwise etiologically related to his active service. Therefore, the claim for service connection for this condition is denied.

The Board finds that the Veteran does not have a disability manifested by shortness of breath or sore throat separate from his service-connected ischemic heart disease. Therefore, he is denied service connection for these conditions.

The Veteran's initial compensable evaluation for residuals of a fracture to the left scapula is granted, with a rating of 20 percent.

The Veteran's appeal is being remanded for scheduling a Board hearing. The issue remains unresolved and requires further action.

The Board found that the Veteran's arthroplasty of the left fifth toe was less likely than not incurred in or caused by her military service, and denied her claim for service connection.

The Board has determined that the Veteran's right knee, left knee, and right hip disabilities are related to service. The current diagnoses of chondromalacia and degenerative joint disease in the right knee, osteoarthritis and degenerative joint disease in the left knee, and a currently diagnosed right hip disability have all been found to be related to service.

The Veteran's request for waiver of overpayment was not timely, and the claim is denied.

The Board granted a 20 percent rating for the service-connected fracture, right mandible disability effective July 28, 2005. The Veteran's increased ratings claims remain in controversy.

The Board has remanded the case for further development and consideration of a TDIU on an extraschedular basis due to unemployability.

The Board denied the veteran's claim for basic eligibility for educational assistance benefits under the Post-9/11 GI Bill due to a lack of requisite service.

The Veteran's appeal has been withdrawn by the appellant in a July 2014 statement, resulting in the dismissal of the appeal.

The Board has granted initial noncompensable ratings for dysarthria and dysphagia, but finds that the appellant's symptoms more nearly approximate marked speech impairment and moderate esophageal stricture, respectively. The issues of TDIU and a higher rating for head tremor are remanded.

The Board has remanded the case due to insufficient medical evidence on file for VA to make a decision on the claim of service connection for basal cell carcinoma. The Veteran's exposure to sun while serving as a deck hand is accepted, but further examination and opinion are needed to determine if this exposure may have contributed to his development of skin cancer.

The Board finds that the Veteran was not in fugitive felon status due to an outstanding warrant for obstructing justice, and therefore the overpayment of $181,504.53 is invalid.

The Board has determined that new and material evidence has been received sufficient to reopen the Veteran's claim of entitlement to service connection for a skin disorder. The underlying service connection issue requires further development.

The appellant is granted reimbursement of accrued death pension benefits in the amount of $7,917.00 due to his deceased mother D.C.

The Board denied the appellant's claim for recognition as the Veteran's surviving spouse, finding that she and the Veteran were legally divorced at the time of his death.

The Board finds that the Veteran's October 1979 marriage to A.J. was illegal and void under Philippine law, thus not valid for VA benefits purposes.