Other conditions decisions — 2015

The Board has remanded the case due to the need for issuance of a statement of the case regarding the effective dates for apportionment of VA disability benefits to the Veteran's spouse and reduction of his own VA disability benefits.

The Board finds that the Veteran's arthritis of the hands did not manifest during service and is not related to his service-connected traumatic arthritis of the lumbar spine, left and right thumbs. Therefore, service connection for arthritis of the hands is denied.

The Board previously found that the February 1997 rating decision granting service connection for cough/shortness of breath as due to undiagnosed illness, status post uvuloplasty was clearly and unmistakably erroneous. However, the parties agreed the evidence is ambiguous on whether the Veteran's claimed respiratory disorder developed on active duty. The Board concludes that the original grant of service connection was not clearly and unmistakably erroneous and restores service connection for this disability.

The Board has granted an apportionment of the Veteran's VA pension benefits to his spouse, in the amount due as a dependency allowance, effective September 1, 2010. The decision was made based on the appellant being the Veteran's spouse and not living with him, and he not contributing reasonably to her support.

The Veteran did not have qualifying service to establish basic eligibility for nonservice-connected death pension benefits, including special monthly pension (SMP), based on the need for regular aid and attendance of another person or being housebound. The appellant's claim is therefore denied.

The Board found that recovery of an overpayment of MGIB-SR benefits in the amount of $8,546.84 would be against equity and good conscience due to VA's actions in extending the Veteran's benefits despite his separation from the Selected Reserve.

The Board denied the Veteran's claim for an extension of a temporary total rating following her left hallux fusion surgery, finding that she did not require additional convalescence beyond the initially assigned period.

The Board dismissed the appeal due to the appellant's withdrawal of her appeal prior to a decision being made.

The Veteran's claim for service connection for a joint pain disorder, including hypermobility syndrome and migratory joint pain syndrome, is being remanded due to inadequate examination reports. The case will be returned to the Board for further review.

The Board has remanded the case due to issues related to the validity of an overpayment, and further development is required before a final decision can be made.

The Veteran's right shoulder disability is being remanded for a new VA examination to assess the current severity of his condition, as his last examination was in January 2011 and he has reported worsening symptoms. The claim will be readjudicated after this.

The Board has remanded the case due to inadequate VA examination and need for an addendum opinion regarding the appellant's current diagnoses of bilateral lower extremity disabilities, specifically shin splints.

The Board has determined that further development is needed to determine the current severity of the Veteran's service-connected cervical spine disability and any associated neurologic impairment, including radiculopathy. The case is therefore being remanded for this purpose.

The Veteran's service does not meet the threshold eligibility requirements for nonservice-connected pension purposes due to his lack of active duty service during a recognized period of war.

The Veteran seeks service connection for hammertoes of the right foot, which he claims are either directly attributable to service or secondary to his service-connected plantar warts. The Board has determined that additional development is needed due to outstanding VA and private treatment records.

The Veteran's surviving spouse is granted VA burial benefits as the death was due to service.

The Veteran's PVD of the RLE is currently rated at 40 percent, effective December 6, 2012. The Board denied his claims for earlier effective dates and higher initial ratings.

The Board has remanded the Veteran's claims for additional development due to procedural issues and to obtain medical opinions regarding his PTSD, TDIU, and skin disorder.

The Board found that the appellant was not permanently incapable of self-support by reason of mental or physical defect as of her 18th birthday, and thus denied recognition as a helpless child for VA death benefits purposes.

The Veteran is seeking compensation under 38 U.S.C.A. � 1151 for residuals of septic shock and abscess surgery caused by VA treatment from September to December 2008, but the Board has ordered additional development due to inadequate examination report.