Other conditions decisions — 2016

The Veteran's appeal is being remanded due to his failure to report for a scheduled hearing. The case will be returned to the Board after scheduling a new video-conference hearing.

The Board has determined that additional VCAA notice is required in order to properly adjudicate the appellant's claim for service connection for the cause of the Veteran's death.

The Veteran's right and left arm and hand numbness and tingling are caused by his service-connected cervical degenerative disc disease and cervical stenosis, which is granted.

The Board denied the Appellant's claim for eligibility for Dependency and Indemnity Compensation (DIC) as the helpless child of her father, finding that she is not shown to be a qualifying 'helpless child' due to her marriage.

The Board has determined that the appellant's discharge was dishonorable due to willful and persistent misconduct, which bars him from receiving VA education benefits based on his service from August 1978 to October 1980. The case is being remanded for further development including an opinion regarding whether the appellant was insane at the time of the offenses leading to his discharge.

The Board denied the appellant's claim for a one-time payment from the FVEC Fund as he does not meet the service requirements to be eligible.

The Veteran's appeal has been dismissed as the issue of entitlement to a waiver of recovery of an overpayment of Department of Veterans Affairs (VA) non service-connected pension benefits in the amount of $124,333.00 was withdrawn by his representative.

The Board has determined that there is no evidence to support the Veteran's claims for service connection for an enlarged prostate and upper respiratory illness. The preponderance of the evidence does not show a current disability related to his military service.,Regarding the TDIU claim, the Veteran's employment history shows he has been able to maintain sedentary employment in various positions over the years, including as an insurance adjuster and auto mechanic. Therefore, the Board finds that the criteria for a TDIU are not met.

The Veteran's suborbital neuralgia is rated at 30 percent, the highest available rating under Diagnostic Code 8205 for moderate to severe incomplete paralysis.

The Board has determined that the Veteran's noncompensable dental condition to teeth numbered 8 and 9 is service-connected for purposes of obtaining VA outpatient dental treatment. The Veteran does not have a current compensable dental disability.

The Board found that the Veteran's pre-existing speech disorder did not undergo a permanent worsening during service, and thus denied his claim for service connection.

The Board has granted a 20 percent disability rating for lymphedema of the left upper extremity prior to January 26, 2016, and denied any higher ratings thereafter.

The Board has determined that the overpayment of $2,165.71 was validly created and is not against equity and good conscience to require repayment.

The Veteran's claims for service connection for a central nervous system (CNS)/tremors disorder and bilateral eye disorder, to include as secondary to ionizing radiation exposure during service, are being remanded due to the need for updated dose estimates and further medical opinions.

The Board found that the appellant did not meet the service requirements for eligibility to receive nonservice-connected disability pension benefits due to insufficient active duty service.

The Board has remanded the case to determine if the Veteran's symptoms of dizziness, nausea, and loss of balance are related to his service-connected bilateral hearing loss disability. If they are, the case will be referred for consideration of an extraschedular rating.

The Board has remanded the case due to the need for further development, including obtaining SSA records. The Veteran's appeal is related to service connection and TDIU.

The Board denied service connection for a chronic genitourinary disability and adenocarcinoma of the prostate, finding that there was no evidence linking these conditions to service or any in-service event.

The Board has determined that the Veteran's esophageal cancer is not related to his service, including exposure to herbicide agents in Vietnam. As such, service connection for this condition cannot be established.

The Board finds that the Veteran's hernia is related to his service and grants service connection for a hernia.