Other conditions decisions — 2014

The appeal is being remanded to the agency of original jurisdiction (AOJ) for scheduling a Travel Board hearing.

The Board found that the Veteran's right little finger disability does not meet or approximate the criteria for a compensable evaluation under the applicable rating criteria. The Veteran was granted service connection, but no higher rating is warranted.

The Board found that the Veteran's squamous cell carcinoma of the right tonsil did not manifest in active service and is not otherwise etiologically related to his active service, including exposure to herbicides such as Agent Orange during his service in Vietnam. Therefore, the claim for service connection was denied.

The Board has remanded the issues of service connection for pulmonary fibrosis and a skin disability due to insufficient evidence in the record. The appellant is requested to provide additional medical opinions regarding whether these conditions are related to service, including presumed exposure to herbicide agents.

The Veteran's appeal is being remanded to the RO for a new hearing before a Veterans Law Judge at his local Regional Office.

The Veteran's appeal has been withdrawn, and the case is dismissed.

The Veteran received prior authorization from VA to receive treatment at a non-VA hospital, SFMC, on February 1, 2011 for chest and shoulder pain. The Board finds that the Veteran's claim is granted as he received prior authorization.

The Board has determined that there is no evidence linking the Veteran's current prostatitis to his service, including exposure to Agent Orange or diabetes mellitus. The claim for service connection is therefore denied.

The Veteran's appeal for special monthly compensation (SMC) under 38 U.S.C.A. § 1114(k) for loss of use of the right upper extremity has been dismissed as moot due to the grant of SMC in a previous rating decision.

The Board denied the appellant's claim for educational assistance benefits under Chapter 30, Title 38, United States Code, as her application was received after one year from when she began enrollment at Kaplan University.

The Veteran is seeking an increased disability rating for his service-connected gout. The case has been remanded to obtain updated VA treatment records and a new examination.

The Board found that the overpayment of $3,000 for an advanced payment of VA educational assistance benefits was properly created and denied a waiver of recovery due to lack of undue hardship, unjust enrichment, and other factors.

The Board has ordered additional development to obtain records from Banner Churchill Hospital, which the Veteran believes are located at the Reno VAMC. The case is now remanded for this purpose.

The Board has determined that the Veteran's squamous cell carcinoma of the right tonsil is not service connected, as there is no evidence linking it to his military service or herbicide exposure.

The Board has determined that the Veteran's bilateral numbness of the lower legs is due to his service-connected left hip disability, and thus grants service connection for this condition.

The Veteran is entitled to non-service-connected pension benefits from January 1, 2009, but not prior to that date due to excessive income.

The Veteran's service-connected anal fissure is shown to be healed or slight at worst, without leakage or other disabling manifestations. The criteria for the assignment of a compensable rating have not been met.

The Veteran's claims for service connection and special monthly compensation are being remanded due to the need for additional development, including obtaining in-service medical records and Social Security Administration (SSA) records.

The appeal is being remanded due to the appellant's request for a travel board hearing. The case will be handled in accordance with applicable procedures.

The Veteran's appeal involves two issues: the validity of an overpayment created due to simultaneous payments of a dependency allowance and educational assistance under Chapter 35, and his request for waiver of this overpayment. The case is being remanded to address both issues.