Other conditions decisions — 2016

The Board has remanded the case for further development, including scheduling a Travel Board hearing.

The Veteran's cause of death was emphysema, which is not related to his service-connected bronchiectasis. The Board found that the Veteran's service-connected disability did not contribute substantially or materially to his death.

The Board found that the cause of the Veteran's death, advanced head and neck cancer, was not caused by service or a service-connected disability. The medical opinion provided in February 2012 concluded that the Veteran's cancer was related to his history of smoking and alcohol consumption.

The Board found that the Veteran's left hip necrosis and/or DJD is not secondary to a service-connected disability, thus denying the claim.

The Veteran's claim for waiver of recovery of an overpayment of nonservice-connected pension benefits in the amount of $47,442 was denied as the Veteran is solely at fault for creating the debt and waiver would result in unjust enrichment.

The Veteran's appeal for a higher rating for his right fifth toe fracture was denied. The claim of reopening service connection for bilateral hearing loss is reopened, but the service connection itself remains denied.

The Veteran's right distal fibular fracture and status-post deviated septum, status-post nasal septoplasty have been rated as 10 percent disabling. The claims for higher ratings are denied.

The Veteran's skin disability is being remanded for a new VA medical opinion to address whether it is related to service, including presumed Agent Orange exposure. The issue of aggravation by diabetes mellitus will also be addressed.

The Board found that the Veteran's residuals of a cerebral aneurysm are not etiologically related to his honorable period of service from May 1964 to March 1968, and thus denied the claim for service connection.

The Veteran's appeal is being remanded for further development due to the inadequacy of a previous VA examination report.

The Board has remanded the claim for service connection for hypertensive cardiovascular disease due to a lack of an adequate medical opinion regarding its etiology. The Veteran is presumed to have been exposed to herbicides in service, and VA must provide a medical examination to determine if his hypertension is related to this exposure.

The Board found that the reduction of non-service-connected pension benefits based on the Veteran's income for 2008, 2009, and 2010 was proper.

The Veteran's eligibility for educational benefits under the VRAP is denied due to an unverified character of discharge from his last period of service.

The Veteran's left lower extremity disability was rated at 10 percent prior to February 15, 2006 and remains at that rating thereafter. The appeal is denied.

The Veteran's disability resulting from the October 2003 surgery at West Roxbury VA Medical Center is found to be due to lack of proper skill or error in judgment on VA's part, and not reasonably foreseeable. As a result, the Veteran is granted compensation under 38 U.S.C. § 1151.

The Board has decided to remand the case due to the need for additional development, including obtaining VA treatment records and scheduling a VA examination.

The Veteran's claim for service connection for residuals of a Giardia lamblia infection is being remanded due to the need for additional medical records and an examination.

The Veteran seeks service connection for a bilateral eye disability, to include exotropia as a result of his active military service. The case is being remanded for additional development and a supplemental VA opinion.

The Veteran's service-connected left toe disability, manifested by a left great toe bunion post bunionectomy with resection of the metatarsal head, severe pain, limitations on physical activity including walking and running, swelling, and loss of flexibility, has not been shown to warrant an increased rating in excess of 10 percent.

The Veteran's cervical spine disability was granted a 30 percent rating, effective June 4, 2014. The VA examiner found that the Veteran had unfavorable ankylosis of the entire cervical spine.