Other conditions decisions — 2015

The Veteran's request for a waiver of recovery of an overpayment of VA pension benefits in the amount of $16,030.00 was granted as repayment would result in undue hardship and defeat the purpose of the VA pension program.

The Veteran's appeal is being remanded to obtain additional VA records and to obtain an addendum medical opinion regarding his claim for compensation under 38 U.S.C.A. � 1151.

The Veteran's claim for reimbursement or payment for the cost of private emergency services provided to him at Coffee Regional Medical Center on August 15, 2013 was denied by the Department of Veterans Affairs Medical Center in Gainesville, Florida.

The Board has dismissed the appeal due to the death of the Appellant, as it does not have jurisdiction to adjudicate the merits of this case.

The Veteran's death was not caused by a service-connected disability, and the Board finds that his idiopathic pulmonary fibrosis and lupus were not related to his military service or presumed exposure to herbicides.

The Veteran's claim for an initial compensable rating for her service-connected upper back strain (also claimed as a neck condition) is being remanded due to inadequate VA examinations and the need to consider functional loss during flare-ups.

The Board has remanded the case due to insufficient compliance with prior instructions, including a need for substantial compliance regarding an updated dose assessment and consideration of the appellant's disagreement with the underlying scenario used in the dose reconstruction.

The Board has remanded the Veteran's claims due to inadequate medical opinions regarding his diagnoses and their relationship to service, specifically Agent Orange exposure. The Veteran is required to undergo further examinations and provide additional evidence.

The Board denied the appellant's claim of being recognized as the Veteran's surviving spouse for VA purposes due to a lack of evidence showing they were legally married at the time of the Veteran's death.

The Veteran's essential tremors, including bilateral hand shaking and a vibration sensation in the right leg, have been rated at 10 percent under Diagnostic Code 8103. The Board finds that these symptoms meet the criteria for service connection as due to a qualifying chronic disability (new and material evidence).

The Veteran's left bronchogenic cyst residuals are rated as a noncompensable disability under DC 6820, but the Board finds that a compensable rating of 10% is warranted based on his intermittent dyspnea.

The Veteran's appeal has been dismissed due to his death. The issues of service connection for disability manifested by loss of use of the right lower extremity and entitlement to a higher level of special monthly compensation have been dismissed as there is no jurisdiction to adjudicate them.

The Veteran's heart arrhythmia, characterized as a bigeminal pulse, is currently rated at 10 percent disabling under DC 7011. The Board finds that the evidence does not support an increase in rating beyond this level.

The Board has denied the Veteran's claim for disability benefits under the provisions of 38 U.S.C.A. � 1151 for a stomach disorder claimed to be the result of VA medical treatment rendered at a VA medical facility in January 2007.

The Board found that the Veteran's aortic aneurysm did not preclude exertion and therefore denied entitlement to an initial compensable rating.

The Veteran's calcaneal bursitis of the right heel with calcaneal spur is manifested by moderately severe impairment, warranting a 20% disability rating.

The Veteran's initial compensable disability rating for left great toenail onychocryptosis has been granted, with a 10% rating effective from the date of the decision.

The Board has determined that there is at least a 50% likelihood that the Veteran's right eye disability, diagnosed as branch retinal vein occlusion of the right eye, was caused by his service-connected Type II diabetes mellitus. As such, the claim for secondary service connection is granted.

The Veteran's TMJ was not incurred during active duty nor has it been shown to be related to any event or injury during active duty. As such, the claim for service connection is denied.

The Board has determined that the Veteran's duodenal ulcer warrants a rating of 40 percent, effective as of April 2009. The evidence shows moderately severe manifestations with impairment of health manifested by weight loss and recurrent incapacitating episodes four or more times a year.