Other conditions decisions — 2015

The Board has remanded the case due to errors in calculating the Veteran's net worth and income, including assets transferred to an Irrevocable Trust. The claim will be reconsidered with updated information.

The Board has remanded the case for further development, including a VA examination to address the relationship between the Veteran's service-connected bilateral shoulder disabilities and his current upper extremity neurological symptoms.

The Board has granted service connection for a sinus disability and increased ratings for the service-connected psychiatric disorder, residuals of left trigeminal injury, and residuals of left malar fracture. The compensable rating for deviated septum is also granted.

The Board has remanded the case due to inadequate development of service treatment records, particularly dental records. A VA examination is needed to assess whether the Veteran's loss of teeth resulted from trauma or disease in service.

The Veteran's objective neurological abnormalities of the bilateral upper and lower extremities as manifestations of his service-connected early degenerative intervertebral disk disease, L1-2 and L4-5 have not been productive of at least 'mild' incomplete paralysis of any nerve.

The Board has remanded the case for additional development, including verification of the Veteran's service and POW status. The death pension claim will also be reconsidered on a new and material evidence basis.

The Veteran's post-operative appendectomy, cholecystectomy and small bowel resection due to adhesions have been rated at 30 percent disabling. The Board finds the manifestations of his condition are not significantly different from those described in the prior rating decision.

The Board found that the overpayment of nonservice-connected pension benefits in the principal amount of $24,549.00 was validly created due to continued payment following the Veteran's death from February 2005 to September 2007. However, as the Appellant did not provide full disclosure and accepted the payments, the Board denied waiver of recovery.

The Veteran's child support payments, combined with his spouse's Social Security Disability Income (SSDI) payments for their children, have satisfied the court-ordered child support obligation. The appellant has not shown hardship and therefore an apportionment of the Veteran's VA benefits is denied.

The Board found that the Veteran's partial blindness in the right eye did not have its onset during a period of service and is not otherwise related to an incident or event that occurred during service. The claim for service connection was denied.

The Board denied the appellant's claim of entitlement to retroactive DEA benefits, finding no basis for a retroactive award and payment due to the lack of good cause.

The Veteran's service-connected right foot fibroma with degenerative arthritis is currently rated at 30 percent, effective September 28, 2014. The claim for a higher rating is denied from August 16, 2010 to September 27, 2014.

The Board has remanded the case due to insufficient information regarding the financial status of both the appellant and the Veteran, as well as potential compliance with contested claims procedures. The appellant and the Veteran are required to complete updated Financial Status Reports.

The Board found that the Veteran's service-connected back disability does not warrant a rating higher than 10 percent, and denied his claim for service connection of a sinus disability.

The Veteran's appeal has been withdrawn due to the appellant's request for withdrawal prior to a decision being made.

The Veteran's claim for a skin disability of the feet, including as secondary to Agent Orange exposure in service, is being remanded due to insufficient evidence regarding the relationship between his current condition and service. An examination and medical opinion are needed.

The Board finds that the Veteran's current disabilities of testicular cancer and lung disorder are not related to service, including exposure to Agent Orange. The evidence does not support a finding of primary lung cancer or any other disability due to Agent Orange exposure.

The Board has determined that the Veteran's stroke and atrial fibrillation are related to service, granting his claim for service connection.

The Veteran's claim for service connection for left breast cancer is being remanded due to an incomplete hearing transcript.

The Veteran's claim for an initial disability rating in excess of 50 percent for service-connected dysthymic disorder is being remanded due to the need for a new VA examination and additional mental health treatment records.