Other conditions decisions — 2014

The VA denied a compensable rating for the Veteran's service-connected right 5th metacarpal fracture, citing that arthritis was not an identified residual of the fracture and no amputation or disability comparable to amputation of the 5th finger is shown.

The Board has determined that a VA opinion is needed to address whether the Veteran's service-connected disabilities, including residuals of cold weather injuries and supranuclear palsy, contributed substantially or materially to his death. The case will be remanded for this purpose.

The Veteran's claims for service connection for residuals of gall bladder removal and hysterectomy were denied as there is no evidence that these conditions were incurred or aggravated by her active duty military service or ACDUTRA.

The Board has determined that the overpayment of VA disability pension in the amount of $31,548 is valid and not against equity and good conscience. The Veteran's failure to report income resulted in this overpayment, and recovery would result in unfair enrichment.

The appeal has been dismissed as the Appellant's representative withdrew the appeal.

The Board has decided to remand the case for additional development, including obtaining medical records and scheduling a VA examination. The Veteran's right tonsil cancer is being reviewed to determine if it is related to his military service or exposure to herbicides.

The Board found that the Veteran's osteopenia is as likely as not due to medications taken for a service-connected seizure disorder. However, there was no evidence linking his right lower extremity DVT to military service or a service-connected disability.

The Veteran's basal cell carcinoma and sphenoidal meningioma are associated with the Agent Orange exposure in service, meeting the criteria for service connection.

The Board has determined that an effective date of January 31, 2008 is warranted for the award of nonservice-connected pension benefits. The Veteran's claim was considered to be a claim for pension based on his compensation claim and evidence indicating possible entitlement to nonservice-connected pension.

The Board has granted service connection for the cause of the Veteran's death, finding that his exposure to herbicides in service contributed substantially to the development of his fatal brain cancer.

The Board has remanded the case for further development due to a material change in the Veteran's financial status since the last financial status report.

The Board has remanded the case due to the Veteran's failure to report for a VA examination, and he is scheduled for another one.

The Veteran's scars from shrapnel wounds to his right forearm, thigh, and back are evaluated as mild. The Veteran is granted a separate 20% rating for mild paralysis of the radial nerve due to shrapnel wounds.

The Board has determined that the Veteran's left eye disability, including corneal abrasion and posterior vitreous detachment, is not related to service. The preponderance of evidence does not support a finding that the current condition is causally or etiologically related to any disease, injury, or incident in service.

The Veteran's skin cancer, including basal cell carcinoma and nodular and actinic keratosis with superficial squamous cell carcinoma, was not found to be related to his service or herbicide exposure.

The Board finds that the Veteran does not have a current sleep disorder related to his service-connected lower back condition. The reduction of the rating from 40% to 10% for the lower back condition was proper as there is material improvement in the Veteran's low back condition.

The Board found no evidence of a current liver disability and denied the Veteran's claim for service connection.

The Veteran's claims for service connection for a hernia and skin disorder have been withdrawn. The Board has denied the claim for service connection for a hernia, but is pending the resolution of other issues including an earlier effective date for TDIU.

The Board denied service connection for right ear parotid tumors and loss of balance, finding no evidence that these conditions were related to the Veteran's military service.,The Veteran's tinnitus was rated at its maximum schedular rating (10%) as there is no legal basis for an increased rating.

The RO reduced the rating for retropatellar pain syndrome of the right knee from 10 percent to 0 percent, but the Board found that this reduction was not proper and restored a 10 percent rating.