Other conditions decisions — 2016

The Veteran's appeal is being remanded for further development, including obtaining medical records and scheduling a VA examination. The claims for an increased evaluation of the left foot injury and TDIU are also being remanded.

The Board found that the debt was validly created due to the Veteran's failure to inform VA of his felony conviction and incarceration. The overpayment would not be against equity and good conscience as there is an approximate balance of fault between the Veteran and VA, and recovery does not cause undue hardship or defeat the purpose of compensation payments.

The Board denied the Veteran's claim for service connection for degenerative joint disease of the bilateral hips, finding that his disability did not manifest within one year of active service and was not causally related to military service.

The Veteran's service-connected right shoulder disability does not render him unemployable, as he is able to maintain a semi-sedentary job with several restrictions. The Board denies the claim for TDIU.

The Board found that the Veteran's sleep disorder did not have its onset in service and is not etiologically related to service or as secondary to a service-connected disability, thus denying his claim for service connection.

The Veteran was granted compensation for additional residuals of his stroke, including central visual field defects and loss of fine coordinated movements on the right side. The original grant of compensation for right upper extremity weakness and numbness remains in place.

The Board has determined that the Veteran's ovarian cysts and adhesions, status-post oophorectomy, did not develop or were not aggravated during her military service.

The Board found that there is no clear and unmistakable evidence to show that the Veteran's current heart disability was aggravated by service, nor does he have a currently diagnosed heart disability related to his military service. The claim for service connection for a heart disability has been denied.

The Veteran's TDIU claim is being remanded for further consideration by VA's Director of Compensation and Pension.

The Board denied the Veteran's claim for service connection for a venereal disease, including HPV and penile condyloma. The appeal is remanded due to insufficient evidence.

The Veteran's private medical expenses for July 18, 2012 and July 19, 2012 treatment at James B. Haggin Memorial Hospital were not authorized by VA prior to the services being provided. The Board found no evidence of formal authorization from VA.

The Board denied the appellant's claim for an apportionment of the Veteran's VA disability compensation on behalf of their minor child, finding that the Veteran was reasonably discharging his responsibility to support his child and there was no evidence of hardship.

The Veteran is seeking service connection for a lung disability allegedly due to asbestos exposure during his military service. The case has been remanded for additional development, including obtaining medical records and conducting an examination.

The Board has found that the character of the appellant's discharge is a bar to VA compensation benefits and service-connected healthcare eligibility. The case is being remanded for further review due to additional evidence received after the statement of the case was issued.

The Board has determined that an effective date of July 22, 2009 is warranted for the award of service connection for dementia due to the Veteran's request for a fiduciary appointment on that date. The claim was received more than one year after separation from service.

The Board has decided to remand the case due to issues related to service connection for the cause of death, specifically regarding in-service herbicide and asbestos exposure. The Appellant's claim will be reconsidered by VBA with updated criteria and procedures.

The Board has determined that the Veteran does not have an eye disability, to include corneal abrasions and decreased vision, due to a disease or injury in service. Therefore, his claim for service connection is denied.

The Veteran's appeal for TDIU benefits has been remanded due to the need for a video hearing.

The Veteran's weight gain is attributed to her service-connected disabilities, but as a finding or symptom rather than a separate disability for which VA compensation benefits are payable, the claim of entitlement to service connection for abnormal weight gain has been denied.

The Veteran's claim for service connection for chronic venous insufficiency, bilateral lower extremities is being remanded due to the need for a VA examination and additional development of his medical records.