Other conditions decisions — 2014

The Board found that the Veteran's additional disabilities were not caused by VA carelessness, negligence, or fault. Therefore, compensation benefits under 38 U.S.C.A. § 1151 are denied.

The Board has determined that the Veteran's non-Hodgkin's lymphoma is not related to his period of active duty service and therefore denied his claim for service connection.

The Board denied the appellant's claim for non-service connected death pension benefits, finding that her income exceeded the maximum annual rate of improved death pension (MAPR) effective from February 1, 2011.

The Board denied the Veteran's request for waiver of overpayment of NSC pension benefits in the amount of $26,647.00 due to his untimely submission of a request.

The Board has determined that the Veteran's overpayment of VA NSC pension benefits was valid and not due to fraud, misrepresentation or bad faith. The creation of this overpayment was due to VA's failure to promptly terminate his pension benefits upon notification of his receipt of SSA income. As a result, repayment would cause financial hardship and defeat the purpose of the VA Pension program.

The Board has remanded the case for additional development due to the Veteran's in-service exposure to ionizing radiation and his cancer, which may be related under 38 C.F.R. § 3.311.

The Board has determined that the Veteran's current pleural plaques and diminished lung capacity are not shown to have been present in service or for many years thereafter, nor are they shown to be the result of his military service. Therefore, service connection is denied.

The Veteran's claims for service connection for right and left leg conditions have been granted. The effective dates of these grants are being determined based on when the Veteran first filed his original claim.

The Board has remanded the case due to scheduling issues for a hearing before the RO, and the appellant's desire for such.

The Board found no evidence to support the Veteran's claim that his bilateral fifth toe arthroplasties caused nerve damage and flu-like symptoms, concluding instead that these conditions were likely due to other factors such as lumbar radiculopathy and peripheral neuropathy.

The Board is remanding the case to determine if the Veteran was exposed to herbicides and/or environmental toxins during service, which could potentially affect his claim for service connection for the cause of his death.

The Veteran's service-connected Hodgkin's lymphoma is in complete remission and does not have any residuals at any time during the appeal period. As a result, he is denied a compensable rating.

The Veteran's claim for a compensable rating for dyshidrosis of the feet was denied as her condition did not meet the criteria under VA's Rating Schedule.

The Veteran's claim for an increased rating for loss of range of right elbow motion is being remanded due to the need for a new VA examination and further analysis.

The Veteran's service connection claim for restrictive lung disease, including pleural thickening, is denied as the evidence does not establish a nexus between his current condition and active military service.

The Board has determined that the Veteran's G6PD is a congenital disease and clear and unmistakable evidence does not establish it existed prior to service or permanently increased in severity beyond natural progression during service. The claim for secondary fatigue as a result of G6PD is also denied.

The Veteran's disability rating for his ulcerative colitis was increased to 30 percent, but the appeal is denied as there is no evidence of 'severe' colitis that would warrant a higher rating.

The Board has determined that the appellant's discharge from service was under other than honorable conditions due to misconduct involving attempted larceny and conspiracy, which constitutes a bar to VA benefits.

The Board denied the Veteran's claim for nonservice-connected pension benefits, finding that his income was not excessive and he did not have any dependents. The decision also noted that the Veteran had received SSA benefits which exceeded the Maximum Annual Pension Rate (MAPR).

The Board has determined that the Veteran is not eligible for educational benefits under Chapter 1606, Title 10, United States Code due to her termination of eligibility as a result of unsatisfactory participation in the Selected Reserve.