Other conditions decisions — 2015

The Board found that a portion of the overpayment ($3,010.00) can be waived due to financial hardship and unjust enrichment, while denying the full waiver of another portion ($2,305.19).

The Veteran's request for payment or reimbursement of unauthorized non-VA medical expenses incurred on June 14, 2012 was denied as untimely and not meeting the criteria under VA regulations.

The Board has determined that the Veteran's death was caused by his service-connected pancreatic cancer, which is presumed to be related to herbicide exposure in Vietnam.

The Board has remanded the case for further development and readjudication, including obtaining an opinion from a physician regarding whether the Veteran's cancer can be classified as a laryngeal or respiratory cancer.

The Veteran withdrew his appeal seeking payment or reimbursement for medical treatment by a non-VA provider on various dates in July, August, September, and December 2013. The Board has dismissed the appeal due to withdrawal.

The Board has denied the Veteran's claims for service connection for periodontitis and residual tooth extraction, as secondary to his service-connected diabetes mellitus. The other issues of increased ratings for various disabilities have also been denied.

The Veteran's appeal was dismissed due to the death of the appellant, and no service connection for residuals of a head injury has been granted.

The Board has remanded the case for further development and consideration of all theories of entitlement, including direct service connection and presumptive service connection based on herbicide exposure. The Veteran's cardiovascular disease is being evaluated to determine its nature and etiology.

The Board denied the Veteran's claim for service connection for vision loss, finding that there was no evidence of a causal relationship between his active military service and his current visual disability. The Board noted that refractive errors are not disabilities for which compensation is paid.

The Board has ordered a remand due to incomplete records and the need for an addendum opinion from the VA examiner regarding the Veteran's condition upon admission to Gundersen Lutheran Hospital. The case will be returned to the AOJ for further development.

The Board denied an earlier effective date for the grant of service connection for the cause of the Veteran's death, finding that January 22, 2009 is the earliest possible effective date due to lack of unadjudicated formal petitions to reopen the claim subsequent to the August 2006 decision and prior to January 22, 2009.

The Board has determined that the Veteran did not sustain a dental disability in service and therefore, does not meet the criteria for service connection.

The Board denied the appellant's claim for improved death pension benefits, finding that she is not a surviving spouse due to her remarriage after 1990 and did not qualify under any other exception.

The Board has granted service connection for bilateral atrophic holes with shallow retinal detachment and dry eyes, related to the Veteran's service-connected diabetic retinopathy. Service connection for bilateral refractive errors of vision is denied.

The Board found that the Veteran's hydrocephalus is a congenital defect and was not subject to a superimposed injury or disease during service, thus denying his claim for service connection.

The Veteran's appeal is remanded due to the need for additional VA examination and development of his ulcerative colitis claim.

The Board found that the Veteran's disability manifested by chest pain was not incurred or aggravated in service and denied his claim for service connection.

The Board found that new and material evidence had not been received to reopen the claim of entitlement to service connection for memory loss. The Veteran's claims for other disabilities were denied.

The Veteran's claim for service connection for obesity is denied as obesity is not a disability for VA purposes.