Other conditions decisions — 2015

The Veteran's claim for waiver of overpayment was denied as the preponderance of evidence did not support entitlement to such, despite VA's untimely action in reducing his compensation benefits.

The Veteran's residuals from a right hand fracture do not result in unfavorable ankylosis of five digits, unfavorable ankylosis of four fingers on one hand, or favorable ankylosis of the thumb and any three fingers. Therefore, his current 40 percent disability rating for residuals of a right hand fracture is appropriate.

The Board found no evidence of a causal relationship between the Veteran's in-service injury and his current right eye disability, thus denying service connection.

The Board found that the Veteran's current recurrent coughing episodes did not incur or permanently aggravate in service, and thus denied his claim for service connection.

The Board has ordered a remand due to the need for additional medical opinions regarding the Veteran's eye disabilities, including astigmatism, loss of sight in the left eye, tired eyes and watery vision. The case will be returned to the RO/AMC for further development.

The Veteran's claims are being remanded due to the need for additional development, including obtaining updated treatment records and a VA examination. The issues of increased ratings for her service-connected knee disabilities and entitlement to service connection for sleep apnea and low back disability are also being addressed.

The Board found no evidence of a current upper extremity disability incurred during or related to the Veteran's service. The VA examinations and other medical records did not support a link between his upper extremity symptoms and his service.

The Veteran's appeal is being remanded due to his request for a personal hearing before the Board. The case will be returned to the Board once this hearing has been scheduled or if the Veteran withdraws the hearing request.

The Board has determined that the Veteran is not competent to handle her VA funds due to mental health conditions, and thus denied her appeal.

The Board found that the termination of non-service-connected pension benefits due to fugitive felon status from June [redacted], 2008, to January [redacted], 2011 was not proper and thus denied this issue.

The Board denied the Veteran's claim for service connection for cancer of the neck and tongue, finding that there was no evidence linking his current condition to his military service or presumed exposure to Agent Orange. The primary site of metastatic cancer was identified as the base of his right tongue.

The Board has ordered a remand to obtain an addendum opinion from the examiner who evaluated the Veteran and provided the June 2014 opinion. The Veteran's claim for service connection will be readjudicated based on the new evidence.

The Veteran's claim of service connection for high cholesterol, to include as secondary to diabetes mellitus, is denied because high cholesterol is not a disability for which VA benefits can be granted.

The Board has denied the Appellant's claim for educational assistance benefits under Chapter 1606, Title 10, United States Code due to a determination by the Department of Defense (DOD) that the Appellant is not eligible for these benefits. The appeal is based on the Appellant's unsatisfactory participation in the Selected Reserve.

The Board found the overpayment valid and denied waiver of the debt due to fault on both the Veteran's part and VA's, but also noted that recovery would not violate equity and good conscience.

The Board has remanded the case due to an inadequate March 2012 VA opinion addressing the aggravation component of secondary service connection for right Achilles tendon partial tear with fibrosis, to include as due to the service-connected left Achilles tendonitis.

The Board has determined that the Veteran's claim for service connection for benign prostatic hypertrophy cannot be reopened due to lack of new and material evidence. The case is being remanded for further development regarding his skin disability and diabetes mellitus.

The Board has determined that additional development is necessary before the TDIU claim can be adjudicated, including obtaining a VA C&P examination and a vocational opinion to assess the Veteran's ability to work due to his service-connected right elbow condition.

The Veteran's claim for an increased rating for his left shoulder disability was denied as the evidence did not show unfavorable ankylosis of scapulohumeral articulation. The Veteran is currently rated at 30% under Diagnostic Code 5201.

The Board found no evidence of a current right eye disability and concluded that the Veteran's right eye condition was not incurred in service.