Other conditions decisions — 2015

The Veteran's service-connected disabilities have left him unable to walk, bathe, or attend to the needs of nature without assistance. The Board has determined that this necessitates aid and attendance.

The Board has determined that additional development is needed to substantiate the Veteran's claim for service connection of bilateral foot neuroma, including obtaining missing military records and VA treatment records. The case will be remanded for these actions.

The Board has decided to remand the case for further development and consideration, including a legal opinion from the VA District Counsel on Philippine law related to marriages and annulments. The appellant must be provided an SSOC summarizing all relevant evidence and applicable laws.

The Veteran's overpayment of VA pension benefits is being reviewed to determine if the debt was properly created. If part or all of the overpayment is found to be valid, the case will then be readjudicated for waiver of recovery.

The Board has determined that the Veteran's death is due to histiocytic sarcoma, which was caused by his in-service exposure to Agent Orange. As a result, service connection for the cause of the Veteran's death is granted.

The Veteran's appeal was denied for service connection for residuals of tetanus and typhoid immunizations. The Board found that the Veteran does not currently have any residuals from these vaccinations.

The Board has determined that the claim for service connection for a low back disability is denied as there is no evidence of a chronic condition in service or within one year thereafter, and the current condition is not shown to be related to service.

The Veteran's appeal is being remanded to obtain additional information regarding the nature of his National Guard service, specifically periods from June 2007 to July 2008 and August 2010 to September 2010. The purpose of these mobilizations needs to be verified as they may qualify for educational benefits under the Post-9/11 GI Bill.

The Veteran's claim for an increased rating for his service-connected heart murmur was denied. The Board found that the evidence did not meet the criteria for a compensable rating under DC 7000.

VA compensation benefits were terminated effective March [redacted], 2006 due to the Veteran being a fugitive felon.,There is no legal basis for additional dependency compensation for the Veteran's child D. while she was in receipt of Dependents' Educational Assistance (DEA) benefits.

The Board found that the termination of the Veteran's NSC pension effective December 1, 2005 was proper due to an increase in his income.

The Board found clear and unmistakable evidence that the Veteran's preexisting upper respiratory disorder was not aggravated by his service, thus denying his claim for service connection.

The Board granted a disability rating of 20 percent for duodenal ulcer prior to November 15, 2011. The issue of entitlement to TDIU was referred.

The Veteran's left eye blindness and other related conditions are not considered to be the result of VA carelessness, negligence, or similar fault. The Board finds that the current condition is a foreseeable consequence of his treatment for cancer.

The Board has remanded the case for further development, including a medical opinion regarding whether the Veteran's Raynaud's phenomenon is related to cold weather exposure during service. The claim will be re-adjudicated after this additional development.

The Veteran's right hip disability is currently rated at 30 percent, effective May 16, 2008. The Board has granted a separate 10 percent evaluation for limitation of motion associated with the right hip disability.

The Board has determined that the appellant is not entitled to apportionment of her father's VA benefits due to a lack of evidence showing an apportionment was needed, and because there is insufficient information to determine if hardship exists.

The Veteran's thrombophlebitis of both legs is currently rated at 40 percent, the maximum schedular rating available. The evidence does not show any symptoms warranting a higher evaluation.

The Veteran's claim of service connection for hypercholesterolemia and hypertriglyceridemia was denied as these are not disabilities for which service connection may be established. The Veteran's claim of increased rating for gout remains in appellate status.

The Board has determined that the Veteran's left thumb disability was not caused by or aggravated by his service-connected radiculopathy, and thus denied the claim for service connection.