Other conditions decisions — 2016

The appeal has been dismissed as the appellant withdrew his appeal prior to a decision being made.

The Veteran's waiver request for overpayment in the amount of $16,900.40 is being remanded due to a lack of current financial information and further assessment of his claim of undue hardship.

The Board found that the Veteran did not file a timely request for waiver of an overpayment of $20,685.00 in nonservice-connected pension benefits within 180 days of receiving notification.

The Veteran's degenerative joint disease of the left hip is currently rated at 10 percent, effective September 2, 2014. The right knee chondromalacia and meniscal tear with degenerative joint disease are currently rated at 20 percent from September 2, 2014 onward.

The Veteran's request for a waiver of recovery of an overpayment of VA pension benefits in the amount of $6903.00 is granted, as it would not result in unjust enrichment to the Veteran and would promote the purpose of the pension program.

The Board denied the Veteran's claim for service connection for lymphoma due to herbicide exposure, finding that there was no evidence of in-service herbicide exposure and concluding that the Veteran's lymphoma is less likely than not caused by his military service.

The Board has granted service connection for the cause of the Veteran's death due to base of tongue cancer, which is considered a direct result of his military service and exposure to Agent Orange.

The Board denied the claim for service connection for the cause of the Veteran's death, finding that there was no competent evidence linking either mycosis fungoides or metastatic lung carcinoma to military service.

The Veteran's right fourth toe was amputated at the PIP joint, and her disability is rated as a partial toe amputation. The Board found that she does not meet the criteria for a higher rating due to lack of additional functional impairment beyond what is already contemplated by the current 10% rating.

The Veteran was ordered to pay $220.08 per month in child support for J.M.B., but did not always timely comply with this order. The Appellant's claim for apportionment of the Veteran's benefits on behalf of her child is denied as he reasonably discharged his responsibility for supporting J.M.B.

The Veteran's appeal is being remanded for additional development, including a VA examination to assess the current severity of his service-connected myocardial infarction and to determine if he qualifies for TDIU.

The Veteran's appeal has been withdrawn, and the case is dismissed.

The Board has decided the case requires a VA examination to determine the nature and etiology of the Veteran's tonsil cancer, including whether it is related to his service or exposure to Agent Orange.

The Veteran is entitled to compensation benefits under 38 U.S.C.A. § 1151 for anatomical loss of a creative organ and recurrent perianal abscess due to an infection caused by surgery, as the event was not reasonably foreseeable.

The Veteran's ADHD has been manifested by mild symptoms that do not cause significant occupational or social impairment. The Veteran's service-connected disabilities, considered as a whole, do not render him unemployable.

The Veteran's application for a clothing allowance was denied because the evidence did not show that his knee braces caused wear and tear on his clothing, which is required to qualify for such an allowance.

The Board found that the Veteran's back and/or pelvis disabilities did not manifest within the first year following his separation from service, nor are they related to any injury incurred by him during service. As such, the claim for service connection was denied.

The Board has remanded the case due to incomplete development, specifically the need for a copy of the Veteran's consent form from Vista Imaging.

The Veteran's back disability is currently rated at 20 percent, effective April 23, 2009. The rating reflects the limitation of motion with forward flexion limited to 45 degrees.

The Veteran's service-connected right hip disability and meralgia paresthetica of the right lateral femoral cutaneous nerve are currently rated appropriately, with no need for higher evaluations.