Other conditions decisions — 2015

The Board found that the appellant's VA compensation benefits were properly offset for 30 days due to receipt of military drill pay in fiscal year 2008, and denied his appeal.

The Veteran's claim for VA vocational rehabilitation and employment services is being remanded due to the unavailability of his vocational rehabilitation and education folder. The Veteran will be scheduled for a videoconference before the Board.

The Board has decided to remand the case for further development due to missing service treatment records and potential alternative medical sources.

The Veteran's metastatic esophageal cancer, presumed to be caused by exposure to Agent Orange during service, is found to have contributed substantially or materially to his death. Service connection for the cause of the Veteran's death is granted.

The Board found that the overpayment of $283,855.00 was valid and denied both the validity of the debt creation and the waiver request due to evidence of bad faith, fraud, and misrepresentation on the part of the Appellant.

The Board has determined that the Veteran does not have a diagnosed disability of the head or brain, and therefore, service connection for residuals of a head injury cannot be granted. The claim for service connection for residuals of a neck injury is addressed in the REMAND portion.

The Board has granted the appellant's claim for recognition as the Veteran's surviving spouse for purposes of VA benefits, finding that she met the criteria based on her continuous cohabitation with the Veteran prior to his death.

The Board denied the Veteran's claim for service connection for bilateral ear fungus in March 2009. The current decision finds that new and material evidence has not been submitted to reopen this claim.

The Veteran's back disability was initially rated at 10 percent from June 21, 2009 to August 14, 2011. From August 15, 2011 onwards, the rating remained at 10 percent.

The Board has determined that a new VA medical opinion is needed to clarify whether the Veteran's scoliosis and kyphosis are congenital defects or diseases, and if so, whether they pre-existed service. The examiner should also address whether any arthritis of the back was manifested within one year of the Veteran's September 1969 service discharge.

The Veteran's stress fracture of the right foot has been rated at 10 percent since June 4, 2009. The evidence shows that his disability picture does not more nearly approximate a moderately severe level.

The Veteran's appeal is being remanded due to his failure to appear for a Travel Board hearing. The RO must confirm the Veteran's current mailing address and schedule him for another hearing.

The Board has determined that a new examination is needed to address the Veteran's current spleen condition and its relationship to his in-service injury, as well as any functional loss or disability.

The Veteran's claim for a compensable rating for his service-connected left inguinal hernia, status post herniorrhaphy, is being remanded due to the need for additional medical examination and development of VA treatment records.

The Board has restored the Veteran's 100% evaluation for small bowel carcinoid with liver metastases, irritable colon syndrome to include ulcers. The issue of entitlement to a TDIU is dismissed as moot due to the restoration of her rating.

The Veteran has withdrawn his appeals for increased ratings for left and right leg varicose veins, as well as a TDIU rating.

The Veteran's residuals of a fracture of the sacrum do not meet the criteria for a compensable evaluation under VA rating criteria.

The Board has remanded the case due to the appellant's failure to report for scheduled videoconference hearings and her relocation. The case will be returned after a new hearing is conducted.

The Board dismissed the appeal due to the death of the appellant, and no jurisdiction remains for further action.

The Board found that there was clear and unmistakable evidence showing the Veteran had Tourette's syndrome prior to service, and thus it denied his claim for service connection.