Other conditions decisions — 2016

The Veteran's skin disability, including basal cell carcinoma, squamous cell carcinoma, and actinic keratosis, is related to in-service sun exposure. The Board granted service connection on a direct basis.

The Board denied the appeal as termination of VA compensation benefits for the period from October 29, 2010 to February 16, 2012 was proper due to the appellant's status as a fugitive felon.

The Veteran's liver cancer is being remanded for additional development, including obtaining his complete VA treatment records and a medical opinion regarding the relationship between his in-service herbicide exposure and his liver cancer.

The Veteran is entitled to payment of unauthorized medical expenses incurred at Florida Hospital on September 19, 2013 for his back pain. The appeal meets the criteria under 38 U.S.C.A. § 1725 and 38 C.F.R. § 17.1000-08.

The Veteran's appeal is remanded to the Director, Compensation Service for extra-schedular consideration of his claim for TDIU.

The Board has determined that the Veteran's bilateral recurrent cerumen impaction is a disability for which service connection may be granted, and thus grants the claim.

The Veteran is not considered a biological parent of the appellant's child, N.S., and therefore the claim for apportionment of benefits on behalf of the child is denied.

The Veteran's claim for an increased rating for his service-connected residuals of a gunshot wound to the right upper extremity is denied. The evidence does not support a higher schedular rating prior to December 30, 2009, and after that date he has been assigned the maximum schedular rating.

The Veteran's claim for additional VA disability compensation based on school attendance for her daughter was denied as the schools attended by her daughter were not approved by VA, and there is no basis in law for retroactive benefits.

The Board has decided to remand the case for further development, including obtaining VA and private treatment records, clarifying whether ankylosis of the left knee is present, and providing a clarification opinion on the relationship between the Veteran's leg length discrepancy and his service-connected residuals of a left leg fracture.

The Board found that the Veteran's myelodysplastic syndrome did not have its clinical onset in service and is not otherwise related to active duty (including any ionizing radiation exposure therein) or service-connected disability. Therefore, service connection for myelodysplastic syndrome was denied.

The Board has remanded the case for a VA examination to determine if any diagnosed sinus disability is etiologically related to service, including exposure to missile fuel during service. The Veteran's claim will be reconsidered based on the results of this examination.

The Board denied the appellant's request for a waiver of recovery of an overpayment of VA compensation benefits in the calculated amount of $8,147.33 due to significant fault on his part and unjust enrichment.

The Board denied the appellant's claim for one-time payment from the Filipino Veterans Equity Compensation Fund due to a lack of recognized service in the United States Armed Forces.

The Veteran's death was not caused by a service-connected condition, and there is no evidence of herbicide exposure during service. Therefore, the claim for service connection for the cause of the Veteran's death is denied.

The Board has remanded the case for further development and consideration of the Veteran's claim for service connection for a vision disorder.

The Board found that the Veteran was not entitled to educational assistance benefits for the period from September through December 2010, and thus there was no valid overpayment of $2,123.25.

The Veteran's right Achilles tendon disability is manifested by loss of most of the Achilles tendon, weakness requiring a brace at all times and marked limitation of motion with severe disability analogous to a severe foot injury. The Board finds that the criteria for an initial rating of 30 percent are met.

The Veteran's appeal was dismissed due to the death of the appellant.

The Veteran's claim for a higher initial rating for left shoulder disability is being remanded due to inadequate examination and the need for additional development.