Other conditions decisions — 2016

The Board has determined that additional development is needed to determine if the Veteran's right lateral epicondylitis was incurred in service, including reviewing his service treatment records and any outstanding service department records.

The Board denied the appellant's claim for educational assistance under Chapter 1606, Title 10, United States Code due to a lack of eligibility based on DOD determination.

The Board has determined that the Veteran's current thoracic spine disability is related to his in-service injury, and thus service connection for this condition is granted.

The Board found that the payment of $6,886.43 to the Contesting Claimant as attorney fees is improper due to lack of representation on some issues and unreasonable fee.

The Board has reopened the Veteran's claim of service connection for a heart murmur and is considering it on the merits. The Veteran's claims for left hand condition and left knee condition are also addressed.

The Board found that the overpayment of VA pension benefits was valid for the period from May 22, 2010 to October 20, 2010. However, it determined that the creation of the debt during March 1, 2009 to May 22, 2010 and October 20, 2010 was not valid due to the Veteran's fault in reporting his SSA disability benefits late.

The Veteran's claim for nonservice-connected disability pension benefits and special monthly pension benefits of aid and attendance is being remanded due to the need for a formal DRO hearing.

The Veteran's last discharge was under other than honorable conditions due to willful and persistent misconduct. Therefore, he is ineligible for VRAP benefits.

The Board found that the Veteran's salivary gland cancer with metastatic liver and sinuses did not meet the criteria for service connection, as there was no direct evidence linking it to his military service. The cause of death due to this condition is also denied.

The Veteran's appeal is being remanded for further development to consider the validity of his debt and whether it would be against equity and good conscience to recover the overpayment.

The Board has determined that the Veteran's claim for service connection for left radial nerve paresthesia requires additional development and a new examination to determine its etiology.

The Veteran's appeal has been dismissed due to his death during the pendency of the appeal.

The Veteran's claim for an earlier effective date for the grant of service connection for delusional disorder, persecutory type is being remanded due to issues related to clear and unmistakable error (CUE) in previous rating decisions.

The Board has determined that Appellant qualifies as the Veteran's surviving spouse for purposes of VA benefits, given her continuous cohabitation with the Veteran and lack of a legal surviving spouse.

The Board has remanded the case for further development, including obtaining a VA eye examination to determine if any of the Veteran's claimed bilateral eye disorders had onset during or were caused by his active service.

The Board found that the Veteran's preexisting bilateral bunions did not worsen during service and denied her claim for service connection.

The Veteran's initial claim for a rating increase for his thoracic spine arthritis was granted, and the effective date is May 8, 2014. The current rating of 20 percent has been maintained.

The Veteran's VRAP benefits were discontinued on January 27, 2014 due to her failure to maintain full-time enrollment. The Board found that she did not meet the legal eligibility requirements for continued VRAP benefits.

The Board found that the Veteran's HIV did not have its onset in service and is not the result of a disease or injury incurred in active service, thus denying his claim for service connection.

The Veteran's service-connected residuals of stage IV oropharynx squamous cell carcinoma vallecula are reasonably manifested by incomplete moderate paralysis of the affected cranial nerve, and a 10 percent rating is granted since January 2008.