Other conditions decisions — 2016

The Board has determined that the appellant's pension benefits were terminated effective May 1, 2009 due to excessive income. The appeal is denied.

The Veteran's claim for a higher rating for thrombophlebitis of the left leg is being remanded due to the need for additional examination and treatment records.

The Veteran's service-connected herpes simplex I was rated at 10 percent effective May 10, 2008. The rating is based on the need for systemic therapy (Acyclovir) prescribed to treat outbreaks of herpes simplex virus.

The Veteran's chest disorder has been attributed to a known clinical diagnosis, costochondritis, and is unrelated to service.

The VA treatment in August 2005 did not result in any additional disability, and the Veteran's current conditions are considered to be due to his pre-existing condition.

The Board has determined that the Veteran's low back disability did not have its clinical onset in service and is not otherwise related to active duty. The evidence does not support a finding of service connection.

The Board finds that the Veteran is not entitled to service connection for any of his claimed conditions, as there is no medical evidence showing a link between these conditions and active duty.

The Veteran's claim for a benefit level in excess of 60 percent for educational assistance under the Post-9/11 GI Bill is denied as he does not meet the eligibility criteria.

The Board has determined that recovery of the $3,000.00 overpayment is warranted due to financial hardship and undue hardship caused by the debt.

The VA has determined that there is no positive association between exposure to herbicides and pancreatic cancer, including as a result of service in Vietnam. The Board finds the Veteran's claims for service connection for his pancreatic cancer are denied due to lack of evidence supporting a relationship with his military service or any presumptive conditions.

The Board has remanded the case for an addendum opinion regarding whether the Veteran's diagnosed macular degeneration disability existed prior to his entry into military service in June 1966. The appeal will be readjudicated after this additional development.

The Board found that the evidence did not support a finding of service connection for colon cancer with metastasis to the liver, as claimed due to radiation exposure. The opinion provided by the private physician was deemed too speculative and inconclusive.

The Board finds that the Veteran's prostate disorder is not related to his active service, including as due to herbicide exposure. The current disability was diagnosed during a VA examination in September 2015 and is characterized by benign prostate hypertrophy (BPH).

The Veteran's service did not meet the requirements for non-service-connected death pension benefits as he did not serve for 90 days or more during a period of war and was not discharged or released from service due to a service-connected disability.

The Veteran's back strain is related to his active duty service, and the Board has granted entitlement to service connection for this condition.

The Board denied the claim for service connection for the cause of the Veteran's death, finding that Creutzfeldt-Jakob disease was not incurred in or etiologically related to his period of active service.

The Veteran seeks service connection for a bilateral foot disorder including interdigital clavus, exostosis/bone spur, and onychomycosis. The case is REMANDED to obtain VA treatment records from West Haven, Connecticut, and to provide an addendum opinion regarding the etiology of these conditions.

The Board has decided the case requires a remand due to the need for an additional VA opinion regarding whether the Veteran's service-connected hiatal hernia contributed substantially or materially to his death from sepsis due to malnutrition related to gastric cancer.

The Board has remanded the case due to a requested hearing not being conducted. The claim for service connection for the cause of death will be reconsidered.

The Board has determined that the appellant does not meet the criteria to be recognized as a child of the Veteran for purposes of VA death benefits.