Other conditions decisions — 2014

The Veteran's appeal is being remanded due to the failure to schedule a Board hearing at his requested location. The issues of service connection for a neck disorder and TDIU remain on appeal.

The Veteran's appeal involves the ratings for his service-connected shell fragment wounds to various parts of his body, including neck, back, and right axillary region. The issues include seeking higher ratings or separate evaluations based on limitation of motion.

The Veteran claims compensation under 38 U.S.C.A. § 1151 for additional disability, including infection, cranial defect, and cognitive impairment resulting from a cranioplasty on April 8, 2008 at the Kansas City VA Medical Center (VAMC). The Board finds that additional development is necessary to adequately address this claim.

The Veteran's appeal has been withdrawn due to the request for a hearing and withdrawal of all issues by his representative.

The Veteran's claims for residuals of malaria, loss of sense of smell, and loss of sense of taste were denied as there is no evidence of these conditions during service or due to service.

The Veteran is seeking compensation for paroxysmal atrial fibrillation, which he claims resulted from anesthesia used during knee surgery at a VA facility in October 2004. The case has been remanded to obtain additional medical records and to provide the Veteran with a supplemental VA medical opinion.

The Board has determined that the Veteran's death from glioblastoma multiforme is related to his exposure to Agent Orange during service, and thus grants service connection for the cause of the Veteran's death.

The Veteran's annualized countable income for VA pension purposes exceeds the maximum annual income limit for receipt of payment for nonservice-connected disability pension benefits, and thus he is not eligible for this benefit.

The Veteran's adjustment disorder with depressed mood has been rated at 50 percent since the initial rating period, reflecting significant social and occupational impairment but not meeting criteria for a higher rating.

The Veteran's service-connected bilateral hip disabilities have been rated at 30 percent each, effective September 1, 2011. The Board found that the evidence did not support a higher rating for either hip.

The Veteran's request for additional educational assistance benefits under Chapter 33 was granted, as she had exhausted her entitlement under Chapter 30 and submitted an irrevocable election to receive benefits under Chapter 33.

The Veteran's disability rating for psychoneurosis, depressive neurosis was reduced from 50% to 10%, effective June 1, 2011. The Board found that the reduction was improper and restored the original 50% rating.

The Veteran's appeal does not involve service connection for a right arm disorder, as the issue is about an increased rating for her right tibia stress fractures. The Board found that she did not meet the criteria for an increased rating and denied both issues.

The Board denied the Veteran's request for a waiver of overpayment of nonservice-connected pension benefits, finding that the creation of the overpayment was valid and that recovery would be against equity and good conscience.

The Veteran's claim for special monthly pension (SMP) by reason of the need for regular aid and attendance of another person or being housebound was denied as he does not meet the criteria for SMP based on his visual acuity, mental/physical incapacity to be in a nursing home, or inability to feed himself, dress himself, or attend to his daily needs.

The Board has remanded the case for further action due to the appellant's failure to appear at a scheduled hearing. The claim will be handled in an expeditious manner.

The Board has remanded the case for additional development due to incomplete service records. The appellant's claim for VA home loan benefits will be reconsidered after obtaining all relevant personnel records.

The Veteran's appeal is being remanded for additional development, including scheduling a hearing at the RO. The primary issue is whether Non-Hodgkin's lymphoma should be service connected as secondary to exposure to herbicides.

The Veteran's unauthorized medical expenses for a crush injury to the right hand incurred on September 15, 2010 are denied as there is no evidence of service connection and the condition was stable by the time he arrived at the hospital.

The Board has determined that the Veteran's death was not caused by a service-connected disability, and there is no evidence of herbicide exposure. The cause of death listed on his death certificate was squamous cell carcinoma, which the VA specialist could not definitively link to military service or presumed Agent Orange exposure.