Other conditions decisions — 2015

The Veteran's appeal is being remanded for further development, including obtaining medical records and providing the Veteran with new VA examinations to assess his neck and right foot disabilities.

The Veteran's claim for service connection for nephropathy, squamous cell carcinoma of the skin, and generalized infections of the skin was denied as there is no current disability.

The Veteran's service-connected disabilities required the regular aid and attendance of another person as a result of his condition, leading to the grant of special monthly compensation based on need for aid and attendance.

The Veteran's MRSA and resultant chronic osteomyelitis were caused by the VA hospitalization in January 2008, including IV therapy. The Board found that the condition was not proximately due to or the result of carelessness, negligence, lack of proper skill, error in judgment or similar instance on the part of VA.

The Board has remanded the case for additional development, including obtaining VA treatment records and providing a medical opinion regarding the etiology of the Veteran's right arm condition.

The Veteran's service-connected nystagmus, right eye, with decreased visual acuity, needs to be re-evaluated due to the lack of recent medical records and a remand is ordered for a VA examination.

The Veteran's income has exceeded the applicable income limits for non-service-connected special monthly pension benefits based on the need for aid and attendance or by reason of being housebound.

The Veteran's appeal is being remanded for additional development, including a VA examination to address the severity of her service-connected left hip disability and whether she has a current diagnosis relating to numbness and tingling in the left lower extremity. The examiner must consider all relevant medical records, including those indicating sciatica and tingling/numbness as sequelae of hip injury.

The Board has determined that the Veteran's current disabilities, including mild chondrolysis involving the left interphalangeal joints and remote left fifth metacarpal fracture deformity, are attributable to service. As a result, service connection is granted.

The appellant is not entitled to VA death benefits as a matter of law due to his age when he applied for the benefit and lack of evidence showing he was permanently incapable of self-support prior to turning 18 years old.

The Board has remanded the case due to insufficient evidence and a need for further examination of the veteran's back disability.

The Board denied the Veteran's request for a waiver of overpayment of Chapter 33 (Post-9/11 GI Bill) education assistance, finding that the debt was valid due to the Veteran's failure to return educational payments he was not entitled to. The decision also noted that the Veteran acted in bad faith by retaining money he should have returned.

The Board has determined that the Veteran's anterior dislocation of the left sternoclavicular joint was incurred in service and granted service connection for this condition.

The Board denied the appellant's claim for an effective date prior to April 8, 2010 for the award of special monthly pension benefits based on the need for aid and attendance, finding that there was no evidence to support an informal claim filed in September 2009.

The Board has determined that the Veteran's neurological disability, including residuals of a TIA, is related to his service-connected hypertension and diabetes. The claim for secondary service connection is granted.

The Veteran's appeal for a reduction from 100% to 20% for adenocarcinoma of the prostate with residual urinary incontinence was denied. The initial rating claim for dysthymic disorder and earlier effective date claim for service connection were also denied.

The Veteran's Crohn's disease was granted service connection, but with a non-compensable rating.

The Board has determined that the VA's fault in creating the overpayment of pension benefits outweighs any other considerations, and thus grants a waiver of recovery for $9801.50.

The Board denied the appellant's claim for full-time education assistance benefits, finding that she was not enrolled in more than 8 credit hours during each term and thus did not meet the criteria for full-time status.

The Board has remanded the case due to conflicting opinions from a VA examiner regarding whether any portion of the Veteran's acquired psychiatric disability is at least as likely as not due to service. The Veteran will need further examination and opinion.