Other conditions decisions — 2015

The Veteran's death was not due to a service-connected condition, and he did not meet the criteria for burial benefits under either the old or new VA regulations. The claim is denied.

The VA has continued the current 10 percent rating for the Veteran's service-connected residuals of right thumb laceration, as it does not meet the criteria for a higher rating based on limitation of motion.

The Board has granted a waiver of recovery for an overpayment of $3,000 in education benefits due to the Veteran's service not qualifying him for Post-9/11 GI Bill benefits. The decision also considers whether repayment would cause undue financial hardship and finds it does not.

The Board has remanded the case for a new medical opinion regarding whether the Veteran's metastatic tongue cancer is related to Agent Orange exposure. The VA examiner must address risk factors and previous opinions.

The Veteran is granted an effective date of March 16, 2007 for the award of a 30 percent rating for posterior tibial tendon dysfunction with ongoing collapse, impingement and dysfunction of the posterior tibial tendon medially.

The Veteran's appeal is being remanded due to the need for a hearing before a Veterans Law Judge at the RO.

The Board denied the Veteran's claim for service connection for spina bifida occulta, finding that it is a congenital defect and not related to service. The pre-existing condition was already considered in the rating for his service-connected lumbar derangement with degenerative disc disease.

The Veteran's claim for service connection for a right hip disability, to include arthritis, is denied as he does not have a currently diagnosed right hip disability.

The Veteran died from heart problems, but there is no evidence of a service-connected disability. The appellant claims the death was due to PTSD or another psychiatric disorder that caused his heart issues, but there is no medical evidence supporting this claim.

The Board has remanded the case due to the need for additional information and documents related to the Veteran's medical reimbursement claim.

The Board of Veterans' Appeals (Board) found that the apportionment of the Veteran's VA compensation benefits effective from February 4, 2008 was proper. The decision is in favor of the Veteran's ex-wife and their minor child.

The Board has determined that the Veteran's left Achilles tendonitis is service-connected as it did not preexist his military service and was aggravated by service.

The Board has remanded the case for additional development, including obtaining medical records and scheduling a VA examination to determine if the Veteran's current skin condition is related to service.

The Veteran's claims for increased evaluations of his left and right MTP joints, as well as service connection for bilateral pes planus, were denied. The claim for a rating in excess of 10 percent for chronic peroneal tendinitis of the left foot was remanded for additional development.

The Veteran's residuals of adenocarcinoma, status post lobectomy, were rated at 60 percent prior to May 31, 2012. From May 31, 2012, the rating was changed to 30 percent.

The Veteran's appeal is being remanded for further development, including obtaining additional medical records and scheduling the Veteran with an examination to address his claims of service connection for Chronic Lymphocytic Leukemia and right hand and finger fracture.

The Veteran's claims for service connection are being remanded due to the need for a VA examination and review of his medical records.

The appeal is being remanded to the AOJ for scheduling a video conference hearing. The issues of service connection for cause of death and for squamous cell carcinoma (claimed as lymphoma) are pending.

The appellant is not a child for VA benefits-eligibility purposes due to his age when he filed the application and lack of evidence showing he was permanently incapable of self-support prior to turning 18 years old. Therefore, eligibility for VA death benefits is precluded as a matter of law.

The Veteran's claim for service connection for acute myelocytic leukemia, claimed as due to herbicide exposure in Vietnam, is being remanded for further development and consideration.