Other conditions decisions — 2015

The Board finds that the Veteran's right eye disorder, including old retinal detachment and blindness, is related to his in-service injury. As a result, service connection for this condition is granted.

The Board denied compensation benefits under 38 U.S.C.A. § 1151 for status post bilateral bunionectomies, claimed as the result of VA surgical treatment at a VA medical facility due to lack of evidence showing additional disability was not reasonably foreseeable or caused by carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on part of VA.

The Board denied the claim for an extraschedular evaluation for service-connected bilateral foot fungus, finding that the available schedular ratings adequately describe the Veteran's disability level and symptomatology.

The Veteran seeks service connection for an eye condition, specifically keratoconus. The Board has determined that a remand is necessary to obtain updated VA treatment records and schedule the Veteran for a VA examination with an ophthalmologist.

The Board has determined that additional development is necessary before the claim can be adjudicated, including seeking an opinion from a suitably qualified environmental toxicologist to address whether the Veteran was exposed to herbicides during service in Germany. The examiner should also provide an opinion on the etiology of the Veteran's non-Hodgkin's lymphoma.

The Veteran's left knee disability, including instability and dislocated semilunar cartilage, is rated at 20 percent since June 10, 2009.

The Veteran's death pension and accrued benefits claims were denied as he did not have qualifying wartime service. The appellant is therefore ineligible for these benefits.

The Board has remanded the case due to insufficient evidence regarding the etiology of the Veteran's T12 compression fracture, and additional treatment records are needed. The Veteran will be scheduled for a VA examination to determine if his current thoracic and/or lumbar spine disorder is related to service.

The Board denied the claim for service connection for the cause of the decedent's death as there was no competent evidence establishing an etiological relationship between cerebrovascular accident (stroke) and the decedent's service.

The Board has remanded the case due to a lack of certified divorce records and needs to determine if the Veteran and Appellant were legally divorced prior to his death. The issue remains whether the Appellant can be considered as the surviving spouse for VA benefits.

The Veteran's alpha-1 antitrypsin deficiency is found to be related to his service, and the Board grants service connection for this condition.

The Veteran's eligibility for education benefits under Chapter 35 of Title 38 means ineligibility for VRAP benefits, and the Board denies his claim as he is eligible for educational assistance under Chapter 35.

The Board has remanded the case due to inconsistencies in the amount of overpayment and the recoupment process. The Veteran must provide information about his Pell grants, and a supplemental statement of the case will be provided after any additional development.

The appellant is the adult son of the Veteran and his surviving spouse. He is not entitled to accrued VA improved death pension benefits as he does not meet the requirements for a payee under VA regulations.

The Veteran has withdrawn his claims for service connection for oral neoplasm and fatty liver, both claimed as due to exposure to environmental hazards while stationed at Camp Lejeune. As a result, the Board dismisses the appeal.

The Veteran's cause of death was cerebral infarction with underlying cerebral vascular disease, and organ system failure also contributing to his death. The Board finds that the service-connected disability did not contribute substantially or materially to cause death.

The Board has remanded the case for further development and consideration, including obtaining an opinion on the etiology of the Veteran's hydronephrosis and colon cancer. The issues are whether service connection should be granted for these conditions due to presumed exposure to Agent Orange.

The Board has determined that the Veteran's squamous cell carcinoma of the left cheek is related to service, and thus granted his claim for service connection.

The claims for payment or reimbursement of medical expenses incurred at private facilities in May and December 2012 are being remanded to allow further development, including determining the amount covered by insurance and whether the claims were timely filed.

The Board denied the Veteran's request for a waiver of recovery of an overpayment of $2,252.27 in her Veteran Retraining Assistance Program (VRAP) education benefits due to lack of equity and good conscience.