Other conditions decisions — 2015

The Board finds that the overpayment of VA pension benefits in the amount of $21,758.00 was not properly created due to multiple errors on the part of VA and the Appellant's actions did not constitute fault.

The Veteran's appeal for service connection for testicular cancer has been withdrawn, resulting in the dismissal of this case.

The Veteran's claim for TDIU prior to January 31, 2011 is being remanded due to the need for additional evidence and clarification of his employment history.

The Veteran's appeal was dismissed due to the death of the appellant.

The Veteran is seeking compensation under 38 U.S.C.A. § 1151 for oral pain resulting from VA treatment, and the Board has determined that a remand is necessary to ensure there is a complete record upon which to decide his claim.

The Veteran's claim for service connection of his left clavicle fracture, rib fractures, and thoracic spine compression fracture is being remanded due to the need for additional medical examination and opinion.

The Board denied the appellant's claim for surviving spouse status, finding that she and the Veteran had not continuously cohabitated for over eight years prior to his death.

The Board denied the Veteran's claim for an earlier effective date for dependency compensation for his spouse, S.D.S., finding that VA was first informed of her existence on May 27, 2011. The earliest legal ground to provide such an earlier effective date is not established.

The Veteran's service-connected residuals of recurrent staph infections are not manifested by scars on the head, face, or neck with one of the characteristics of disfigurement; deep and nonlinear scars that encompass an area or areas of at least 6 square inches but less than 12 square inches; superficial and nonlinear scars involving an area or areas of 144 square inches or greater; unstable or painful scars; scars with other disabling effects; an infection encompassing at least five percent, but less than 20 percent of the entire body, or at least five percent, but less than 20 percent, of exposed areas affected; or intermittent systemic therapy such as corticosteroids or other immunosuppressive drugs required for a total duration of less than six weeks during the past 12-month period. Therefore, his disability does not meet the criteria for a compensable rating.

The Veteran's right and left hand disorders are found to be related to his service, with the presumption of service connection for arthritis due to his combat service.

The Board has determined that the Veteran's service-connected disabilities contributed substantially or materially to cause his death from congestive heart failure, resolving all reasonable doubt in favor of the appellant.

The Veteran's herpes and left foot DJD have been rated as 10 percent disabling each, with no higher ratings granted.

The Veteran's appeal has been dismissed due to the death of the appellant during the pendency of the appeal.

The Veteran's emergency medical treatment at Lakeside Hospital was approved as it met the criteria for payment under 38 U.S.C.A. § 1728, including being in a medical emergency and not having feasible VA facilities available.

The Board has remanded the case due to the appellant not completing a portion of his VA Form 9 and requesting a hearing at a local VA office. The Philadelphia, Pennsylvania Pension Management Center is asked to schedule a Travel Board Hearing for the appellant.

The Board has decided to remand the case for additional development, including obtaining medical records and providing a new opinion regarding the cause of the Veteran's death.

The Board has remanded the case due to a change in law regarding presumptive service connection for chronic B-cell leukemia, and the appellant's claim for service connection based on direct theories of entitlement is also being considered.

The Board found that there is no evidence of a chronic disability manifested by dizziness or disorders of the arms and legs during service, and that any current conditions are not related to service. The Veteran's dizziness was determined to be due to his post-service cardiovascular disease.

The Veteran is denied entitlement to VA educational assistance benefits in excess of 36 months under the Post-9/11 GI Bill due to her limited eligibility for Chapter 33 benefits.

The Veteran's endometriosis and resulting hysterectomy with bilateral oophorectomy are found to have begun in service, meeting the criteria for service connection.