Other conditions decisions — 2015

The Veteran died while hospitalized at a non-VA medical center due to a medical emergency, and the Board finds that he met the eligibility requirements for nonservice-connected burial benefits.

The Board found that the overpayment of $6,372.00 was properly created due to the Veteran's failure to notify VA of his wife's death and continued to receive additional compensation for her. The Board denied a waiver of recovery as the Veteran contributed to the creation of the debt and repayment would not be against equity and good conscience.

The Board has found the appellant's other-than-honorable discharge from service is a bar to VA disability compensation benefits. The case is being remanded for scheduling an in-person hearing before a Veterans Law Judge.

The Veteran is seeking clarification on the calculation of his countable income for nonservice-connected pension benefits from November 1, 2007 to November 1, 2009. The VA Pension Management Center (PMC) needs to review and correct any errors in calculating his income during this period.

The Board has determined that the Veteran's HSV had its initial onset during service and is therefore granted service connection.

The Board has determined that the Veteran's post-operative right foot injury residuals, including a shortened second metatarsal, great toe deviation, and callous formation on the base of the metatarsal heads and the calcaneus, originated during active service. As such, service connection is granted.

The Veteran's claims for service connection for rectal cancer, colon cancer, and basal cell carcinoma of the nose are being remanded due to inadequate VA examination opinions. The examiner is requested to provide an opinion on whether these conditions are related to his military service or events therein.

The Board has determined that additional development is needed to properly adjudicate the claim for service connection for the cause of the Veteran's death, including obtaining in-service medical records and considering whether the Veteran's in-service pleurisy contributed to his death.

The Veteran has a current diagnosis of a skin disability on his feet that likely pre-existed service but worsened during service. The Board finds the evidence in equipoise and grants service connection for this condition.

The Board has determined that the Veteran's carotid artery dissection is a result of an injury incurred during inactive duty training, and thus service connection for this condition is granted.

The Board finds that the evidence is in equipoise regarding whether the Veteran's low back disability was incurred during active service. The claim for service connection for a low back disability is granted.

The Board found that the Veteran's discharge did not meet the criteria for a dishonorable discharge, thus allowing him to continue receiving nonservice-connected pension benefits.

The Board has granted service connection for squamous cell carcinoma at the base of the right tongue, bone metastasis to the right L3 vertebral body, and bone metastasis to the left clavicle on a presumptive basis due to exposure to Agent Orange during active military service.

The Board has vacated its July 2014 decision and remanded the case for compliance with a Joint Motion for Remand. The case is now being reviewed to determine if there is a causal relationship between the Veteran's exposure to JP-4 jet fuel and his post-service diagnosis of metastatic gastric carcinoma.

The Board has found that the Veteran's preexisting left elbow fracture was aggravated by service, and thus grants service connection for residuals of a left elbow fracture.

The Veteran's left thumb disability is granted as a direct result of VA treatment, with compensation benefits awarded.

The Veteran's herpes simplex virus has been rated at a maximum of 60 percent since January 22, 2011, due to the need for constant or near-constant systemic therapy.

The Board has remanded the case due to issues with the statement of the case and for further development.

The Board has decided that the VA Medical Center denied entitlement to payment or reimbursement for medical expenses incurred at Memorial Health Systems from April 18, 2013 to April 19, 2013. The case is now being remanded due to incomplete records.

The Veteran withdrew their appeal before the Board could make a decision.