Other conditions decisions — 2016

The Board finds that the creation of an overpayment of $19,501.37 was valid due to the Veteran's incarceration following his conviction.

The Veteran's appeal is being remanded due to his request for a Travel Board hearing. The issues of entitlement to an initial compensable disability rating for paresthesia of the right foot and entitlement to a total rating based on individual employability due to service-connected disabilities (TDIU) are pending.

The Board has determined that the Veteran and his spouse's net worth is excessive for purposes of eligibility for VA nonservice-connected pension with special monthly pension benefits from April 2011 through May 2016. As of June 2016, their net worth does not preclude the payment of nonservice-connected pension based on the need for aid and attendance.

The Board has determined that an effective date prior to May 29, 2012, for the payment of nonservice-connected disability pension benefits is denied.

The Board found that the Veteran's son was being homeschooled in compliance with Oklahoma's compulsory attendance laws and thus met the criteria for additional compensation as a child. The removal of his son from the Veteran's award, effective December [redacted], 2010, was improper.

The Veteran was awarded a permanent and total disability rating, which allowed for Dependents' Educational Assistance (DEA) eligibility. The appellant's application for DEA benefits was received more than one year after notification of the initial rating decision awarding her father's permanent rating.

The Veteran's claims for increased ratings for basal cell carcinoma and squamous cell carcinoma are being remanded due to the need to consider additional evidence.

The Veteran's currently diagnosed disability of the eyes (meibomian gland dysfunction and pinguecula) is related to his military service, and thus service connection for these conditions has been granted.

The Veteran's claim for service connection for a respiratory disability is being remanded due to the need to obtain additional medical records and complete further examinations.

The Board denied service connection for degenerative joint disease of the neck, low back, shoulders, hips, elbows, knees, ankles, and wrists. The Veteran's current condition is not related to his military service or radiation exposure.

The Veteran's left and right shin splint disabilities are currently rated as 10 percent disabling. The Board finds that his knee and ankle disabilities warrant separate 10 percent evaluations based on painful motion.

The Board found that the overpayment of education benefits to the Veteran was not properly calculated based on evidence specific to the Veteran, and thus the debt is invalid.

The Board has determined that the Veteran's metatarsalgia and hallux valgus of the feet were incurred in service, granting service connection for these conditions.

The Veteran's left hip disability is granted as secondary to a service-connected condition. The right ring finger disability is granted with an initial non-compensable rating.

The Board has remanded the case for a VA examination to determine if the Veteran has a chronic anorectal disorder and whether it is caused or aggravated by his service-connected prostate cancer.

The Veteran seeks service connection for skin cancer, which he alleges results from exposure to ionizing radiation. The case is being remanded for further development regarding the Veteran's exposure and potential service connection.

The Board is remanding the case to obtain additional medical opinions and records, as well as for further development of the claim.

The Veteran's claim for an annual VA clothing allowance for 2015 was denied as he did not use a medication prescribed for a service-connected disability that caused irreparable damage to his outer garments.

The Board has found that further development is needed to substantiate the claim of service connection for the cause of the Veteran's death, including obtaining his service treatment records and securing VA medical records. The appellant claims the Veteran was exposed to asbestos in service which caused his fatal lung cancer.

The Veteran's claim for non-service connected pension was denied because they did not meet the eligibility criteria due to lack of active service during a period of war.