Other conditions decisions — 2016

The Veteran's cause of death (acute myeloid leukemia and pneumonia) was not related to his military service, including presumed exposure to herbicides. There is no competent medical evidence that the Veteran's service-connected disabilities were either the principal or a contributory cause of death.

The Veteran has a currently diagnosed disability manifested by chronic constipation that is etiologically related to service. The Board finds in favor of the Veteran and grants service connection for chronic constipation.

The Board has determined that the Veteran's mild obstructive lung disease was not present in or related to service, and therefore denied his claim for service connection.

The Board has decided to remand the case for additional development and adjudication, including obtaining a VA examination.

The Veteran's right hammertoe disability is manifested by superficial, stable and non-tender scars that do not exceed an area of 39 centimeters. The preponderance of the evidence indicates that her service-connected hernia does not require a truss and is essentially asymptomatic except for a tender and painful scar.

The Veteran's death was caused by coronary thrombosis and hypertensive vascular disease. The Board is remanding the case to obtain a medical opinion on whether the service-connected right elbow disability contributed substantially or materially to his death.

The Veteran's death was not service-connected due to exposure to Agent Orange, and the appellant did not meet the requirements for DIC under 38 U.S.C.A. § 1318.

The Veteran's PVD of the left and right lower extremities were not shown to warrant a rating in excess of 20 percent prior to December 2, 2014.

The Board found that the appellant is not shown to be permanently incapable of self-support before reaching the age of 18, and she has a history of employment and education. Therefore, her claim for nonservice-connected death pension benefits was denied.

The Veteran's appeal is being remanded due to his failure to report for a VA examination, and the issues of entitlement to initial ratings in excess of 20 percent for peripheral vascular disease (PVD) of both lower extremities are being addressed.

The Board has determined that additional development is needed before the claims for an increased initial rating and TDIU can be adjudicated. This includes obtaining updated VA treatment records, scheduling a VA examination to assess the current severity of the Veteran's service-connected panic attacks with agoraphobia, and determining whether the Veteran is unemployable due to his disability.

The Veteran's claim for service connection for squamous cell carcinoma of the oropharynx (claimed as laryngeal cancer) is being remanded due to inconsistencies in diagnoses and a need for additional medical opinions regarding the etiology of his condition.

The Board found that the overpayment was entirely the fault of the Veteran due to his failure to report income. However, continued collection would cause undue financial hardship for the Veteran. As a result, the Board granted waiver of recovery of the overpayment.

The Veteran's heart disability is being remanded for further examination and medical opinion to determine the nature and etiology of his condition, specifically whether it is related to service or herbicide exposure.

The Board found that the debt was validly created due to administrative error by VA, but determined it should be waived as the Veteran's fault in continuing to accept payments outweighed VA's fault. The decision balances the faults and considers whether recovery would be against equity and good conscience.

The Board denied the veteran's claim for non-service-connected pension benefits as his service did not meet the threshold eligibility requirements.

The Veteran's claim for service connection for ovary disease, injury, or adhesion secondary to her service-connected status post endometrial ablation with status post hysterectomy is being remanded due to the need for additional development and an addendum opinion from a VA examiner.

The Veteran's claim for a compensable evaluation for his postoperative scar, residual to surgical treatment of a pilonidal cyst, is denied.,Service connection for coccydynia is granted. The Veteran has been diagnosed with coccydynia and the evidence supports this diagnosis as being related to his service-connected pilonidal cyst.,The claim for service connection for a lower back disability secondary to coccydynia is denied.

The Veteran's deviated nasal septum is currently manifested by at least 50 percent obstruction of the nasal passage on both sides, warranting a 10% rating as of July 23, 2014. Prior to this date, his condition did not meet the criteria for a compensable rating.

The Veteran's appeal is being remanded for further development, including scheduling a VA examination to determine the etiology of any current respiratory disability and obtaining relevant medical records.