Other conditions decisions — 2015

The Veteran does not have a left hand disability that is related to his service. His claim for service connection for arthritis of the left hand has been denied.

The Board has determined that the evidence received since the June 1998 rating decision is not new and material with respect to the service-connection claim for refractive error of the bilateral eyes, and thus the claim may not be reopened.

The Veteran's degenerative joint disease of the right elbow is related to an in-service injury, and the Board has granted service connection for this condition.

The Veteran's claim for an earlier effective date for additional compensation based on his dependent children D.C. and L.C. was denied because the necessary information regarding their place of birth was not provided within one year after the March 2009 denial letter.

The Board denied the Veteran's claim for service connection for a dental disorder, finding no evidence of any inservice trauma that caused damage to his jaw resulting in a dental disability.

The Board denied service connection for the cause of the Veteran's death due to acute heart infarction and cancer of the right eye. The appellant submitted new evidence, but it was not considered material as it did not raise a reasonable possibility of substantiating the claim.

The Board has determined that the Statement of the Case (SOC) was inadequate and requires a Supplemental Statement of the Case (SSOC) considering the Veteran's updated financial information. Additionally, the AOJ should contact the Veteran to request an updated financial status report.

The Veteran's appeal is remanded due to conflicting medical opinions regarding his competency to handle VA funds. The case will be further examined and the Social Security Administration will be contacted for additional information.

The Veteran's overpayment of nonservice-connected pension benefits is waived due to the creation of the debt being against equity and good conscience, despite his fault in creating part of the debt. The decision also notes that withholding would cause undue hardship for him.

The Board is remanding the case to determine if the Veteran's essential thrombocytosis had its onset during service or since service, and whether it qualifies as a chronic multisymptom illness under VA regulations.

The Veteran's service-connected residuals of a fracture of the fifth metacarpal joint of the right hand little finger are manifested by limitation of range of motion, painful motion and 10 degrees angulation deformity. The criteria for a compensable disability rating have not been met.

The Veteran's appeal is being remanded due to the need for additional development, including a new examination and opinion regarding his left arm disorder. The case will be returned to the Board for further consideration.

The Board has determined that the Veteran does not currently have a diagnosis of malaria or its residuals, and thus service connection for these conditions is denied.

The Veteran's claim for a higher rating for his right elbow injury is being remanded due to the need for additional medical records and an examination.

The Veteran's appeal is being remanded due to the retirement of his hearing VLJ and a new hearing request. The service connection for an eye disability and increased rating for psychogenic polydipsia are still under review.

The Board has determined that the Veteran's right leg neurological disability was not incurred in or aggravated by service, and may not be presumed related to service. The evidence does not establish a connection between his current condition and his active duty.

The Board has determined that the Veteran's left leg (thigh) injury is related to service and grants his claim for service connection.

The Board has granted a waiver of the overpayment of VA educational assistance benefits in the amount of $181.31, finding that recovery would be against equity and good conscience.

The Board has reopened the claim for service connection for CLL due to new evidence, but denied the claim as there is no established link between the Veteran's CLL and his military service or exposure to ionizing radiation.

The Board has reopened the claims for service connection for cancer of the larynx and denied the applications to reopen the other claims. The Veteran's claim is remanded for additional development, including obtaining a medical opinion regarding his cancer of the larynx.