Other conditions decisions — 2015

The Veteran's need for regular aid and attendance of another person is not due to his service-connected left foot arthritis. The Board finds that the preponderance of evidence is against the Veteran's claim for special monthly compensation based on the need for regular aid and attendance or by reason of being housebound.

The Board has determined that the Veteran's carotid artery tumor and pituitary gland tumor, including hyperprolactinemia and hypogonadism, were not incurred or aggravated by service. The tumors have been diagnosed many years after separation from service and do not otherwise relate to service.

The Veteran's claim for service connection for a skin disability, claimed as due to exposure to ionizing radiation, is denied because there is no medical evidence of a current skin disability or any link between the claimed condition and his military service.

The Veteran's unauthorized medical expenses at Sierra Vista Regional Health Center were not covered because the services did not meet the criteria for payment or reimbursement under 38 U.S.C.A. § 1725, as they were not rendered in a medical emergency and no VA facility was feasibly available.

The Veteran's appeal is being remanded for additional development. He requested a videoconference hearing, which has been scheduled.

The Board has remanded the case due to insufficient opinions regarding the Veteran's claimed sleeping disorder and insomnia, specifically whether these conditions are related to service.

The Veteran's appeal was dismissed due to his death. No decisions were made on the claims for PTSD or cold weather injuries.

The Veteran's request for waiver of recovery of an overpayment of VA disability compensation benefits in the amount of $12,129.67 was timely filed and therefore granted.

The Veteran's service-connected acute lymphocytic leukemia has not required medication, blood transfusions, or any other type of treatment during the appeal period and did not result in a hemoglobin count of 10gm/100ml or less; however, her symptoms included headaches.

The Veteran's left leg varicose veins are currently rated as 10 percent disabling, and the evidence does not support a higher rating at any time during the appeal period.

The Board has determined that the specialized contested claim procedures have not been followed and requires additional development before a final decision can be made on the issue of service connection for cause of death.

The Veteran's service-connected residuals of left arm injury and laceration have been rated as 70 percent disabling since May 1, 2012. The increased evaluations for the left arm scars were granted effective from May 1, 2012.

The Veteran's appeal for a waiver of overpayment of VA nonservice-connected pension benefits in the amount of $25,532.00 was dismissed as his claim has been fully resolved by a prior decision.

The Board found that the creation of a debt based on an overpayment of pension benefits due to failure to report income was valid, except for $369.00 already recouped by VA.

The Veteran was found to be permanently and totally disabled due to service-connected disability in a rating decision dated December 2011, effective April 26, 2011. The Appellant applied for DEA benefits but did not choose an election date within the required 60 days. As a result, VA assigned the earliest possible date of December 8, 2011 as the commencement date for his period of eligibility.

The Veteran's bilateral hand strain and arthritis of the right first metatarsal phalangeal joint of the right foot are not service-connected. The current rating for arthritis is also denied.

The Board finds that the reduction of the Veteran's service-connected poorly differentiated squamous cell carcinoma of the left upper and lower lobe from a 100% to a 30% rating was proper. The Veteran's lung cancer is currently stable with no recurrence or metastasis.

The Board found that the Veteran's VA pension benefits were properly reduced by the amount of his inheritance, as inheritance is considered countable income for VA purposes.

The Veteran's appeal regarding an initial compensable rating for larynx cancer was denied. The Board found that the current noncompensable rating accurately reflects his residual conditions from radiation treatment.