Other conditions decisions — 2016

The Veteran seeks compensation under 38 U.S.C.A. § 1151 for a bilateral leg disability allegedly caused by surgery at the Tucson VA Medical Center in September 2008. The appeal is remanded to obtain additional treatment records and to provide an opinion regarding the relationship between the Veteran's bilateral leg disability and the 2008 surgery.

The Veteran's appeal for an increased rating of his service-connected ventral hernia residuals was denied, and the claim for secondary service connection for major depressive disorder was also denied.

The Board has remanded the case due to insufficient development of financial information and discrepancies in expenses, requiring further evidence from both the Veteran and his former spouse.

The Veteran's claim for an increased evaluation of Dercum's disease and TDIU was denied. The Board found that the evidence did not meet the criteria for a rating in excess of 30 percent prior to February 4, 2010, or for a total disability rating based on individual unemployability.

The Veteran's right arm disorder is being remanded for additional development, including a VA examination to determine the nature and etiology of any diagnosed condition. The appeal will be readjudicated after this development.

The Veteran withdrew her appeal for an increased rating in excess of 30 percent for an ostectomy of the right heel, with hallux valgus deformity and arthritis.

The Board dismissed the appeal regarding whether the overpayment of VA nonservice-connected pension benefits in the amount of $706 was properly created, as the Committee on Waivers and Compromises had already granted the Veteran's request for waiver of recovery of the full amount of the overpayment.

The Veteran's hypercoagulable state status-post left deep vein thrombosis with factor V deficiency was increased to a 20 percent rating effective October 2, 2013.

The Veteran withdrew her appeal regarding the increased rating for an ostectomy of the left heel, with hallux valgus deformity, hammertoe and arthritis.

The Veteran's claim for a compensable rating for his umbilical hernia is being remanded due to the need for additional development, including obtaining relevant medical records and scheduling a VA examination.

The Board has determined that the overpayment of $41,312.93 was properly created and that a partial waiver of recovery in the amount of $32,735 is warranted due to undue hardship.

The Veteran's adjustment disorder with depressed mood is currently rated at 50 percent, effective January 25, 2007. The Board finds that a higher rating of 70 percent is warranted based on the severity and impact of his symptoms.

The Veteran's joint disorder, including arthritis and osteoporosis, is being remanded for further development to determine if it is related to her service-connected Crohn's disease.

The Veteran's lung disease and right lung nodule are being remanded for further development, including obtaining medical opinions regarding the relationship to service-connected malaria and potential herbicide exposure.

The Veteran's claim for a total disability evaluation based on individual unemployability due to service-connected disorders has been granted and is effective April 2, 2013. As the benefit sought has been fully granted, there is no remaining case or controversy.

The appellant's claim for Dependents' Educational Assistance (DEA) benefits under Chapter 35, Title 38 is denied as there is no legal basis to grant such benefits given the facts and applicable regulations.

The Veteran's unauthorized medical expenses for a nasal polyp on September 29, 2014 are granted as the treatment was deemed necessary due to an emergency and VA services were not feasibly available.

The Veteran seeks service connection for mouth cancer and lymph node cancer of the neck, which he asserts is due to exposure to toxic herbicides during service. The Board has remanded the case for further development.

The Board found that the Veteran's bilateral leg disorder, including shooting pains to the legs, did not manifest in service or within a year following separation from service and is not otherwise related to service. The Board also determined that the Veteran's leg disorder was not caused or aggravated by his service-connected recurrent strain of the thoracolumbar spine.

The Veteran's appeal is being remanded for further development, including a VA examination by a gynecologist to address the nature and etiology of her vaginal infections. The issue of an initial increased rating for PTSD remains pending.