Other conditions decisions — 2016

The Board has remanded the Veteran's claim for additional development, including obtaining Social Security Administration records. The case will be returned to the Board after further action.

The Board finds that a partial waiver of overpayment in the amount of $6,081.20 is warranted due to fault on the part of the Veteran for the period from October 2001 to January 2002 and equally at fault by VA for the period from January 2002 to March 2009. The remaining overpayment amount is not met.

The Board has determined that the Veteran's need for regular aid and attendance of another person is established, granting special monthly pension benefits based on this need.

The Board found that the appellant is not entitled to recognition as the surviving spouse of the Veteran for VA death benefits purposes due to conflicting statements and lack of valid marriage.

The Veteran's appeal is being remanded for further development of his right elbow arthritis claim, including obtaining updated VA and private treatment records and arranging for a new orthopedic examination.

The Board found that the Veteran does not have a current left testicle disability and denied his claim of service connection for this condition.

The Board has determined that child support payments and welfare payments are not countable income for VA death pension purposes. However, the case is remanded to calculate the Appellant's entitlement to death pension benefits considering these findings.

The Veteran's service connection claim for a left foot disability, manifested by pain and difficulty bending the foot, is granted as his STRs show chronic residuals of an in-service injury.

The Board has determined that the Veteran's left elbow disability is not related to service and therefore denied his claim for service connection.

The Board found that the February 1976 rating decision denying service connection for a right little toe injury was not clearly and unmistakably erroneous, as it considered all available evidence at the time and applied the relevant laws and regulations.

The Board has determined that additional VA examination and development are needed to properly adjudicate the Veteran's claim for service connection for an eye disability.

The Veteran's skin disorder was not manifested in service and is not shown to be related to his service. The Veteran does not have any service-connected disabilities, so he cannot meet the criteria for TDIU.

The Board denied increased ratings for the Veteran's right and left tibia stress fractures, finding that the evidence did not support a higher rating based on functional loss or other criteria.

The Board has determined that the Veteran's left leg varicose veins did not have onset during service and were not caused by or aggravated by his service-connected right leg varicose veins.

The Board has determined that the appellant submitted a timely election for October 7, 2008 as the effective date for her Chapter 35 DEA benefits. As such, an effective date of October 7, 2008 is granted.

The Veteran's TDIU claim is being remanded for additional development, including a VA social and industrial survey to assess his employment history and day-to-day functioning, and an examination to evaluate the impact of his service-connected varicose veins on his ability to work. The case will be referred to the Director of Compensation and Pension Service for consideration of whether this benefit is warranted on an extraschedular basis.

The Veteran is entitled to a 20% rating for residuals of fracture of left mandible ramus since February 26, 2015.,The Veteran is also entitled to a 10% rating for residuals of fracture of right femur.

The Board has granted service connection for right lung spontaneous pneumothorax and left lung granuloma and spontaneous pneumothorax, finding that the evidence supports a nexus between these conditions and service.

The Board found that the Veteran does not have a currently diagnosed left eye disability related to his active service. The claim for service connection for an acquired psychiatric disability is remanded as there are conflicting medical opinions regarding its etiology.

The Veteran's claim for increased rating of his service-connected fracture of the left fifth toe prior to October 6, 2012 was denied. The Board found that the evidence did not show symptoms consistent with a disability warranting an evaluation in excess of 20 percent on this date. For the period beginning October 6, 2012, the Veteran received a 20 percent rating and the Board found no basis to grant a higher rating.