Other conditions decisions — 2016

The Veteran's claim for an increased rating on a schedular basis was denied, but the Board remanded it for consideration of extraschedular criteria. The case is now being returned to the Board after additional development.

The Board found that the Veteran's gouty arthritis did not manifest during service or within one year following separation, and is not shown to have developed as a result of an established event, injury, or disease during active service. Therefore, the claim for service connection was denied.

The Board has determined that the Veteran's current damaged right ear drum is etiologically related to an in-service incident of rapidly descending in altitude while flying.,Regarding his loss of eyesight in the right eye, the Board found no evidence linking this condition to his military service.

The Veteran's right hand condition was not incurred or aggravated by active service and did not manifest during service. The Board found the evidence does not support a nexus between the Veteran's current disability and his in-service injury.

The case is being remanded for scheduling a videoconference hearing to address the Veteran's claim of entitlement to an effective date earlier than June 9, 1999 for the grant of individual unemployability.

The Board has determined that the Veteran's countable income for 2008 exceeded the Maximum Annual Pension Rate (MAPR) and thus termination of his nonservice-connected pension benefits effective January 1, 2008 was proper.

The appellant, who was not married to the Veteran at the time of filing, is denied entitlement to apportionment of the Veteran's VA benefits as she is not a proper claimant.

The Veteran's claim for service connection for a right lower extremity neurological disability, claimed as secondary to his service-connected lumbar spine disability, is denied because there is no diagnosed condition of right lower extremity neuropathy/radiculopathy.

The Veteran's request for a hearing before the Board has been scheduled, but she did not attend. The case is now REMANDED to schedule her for a personal hearing via videoconferencing equipment at the earliest opportunity.

The Board finds that the attempt to recoup the remaining balance of unrecouped SSB by withholding disability compensation benefits was proper. However, because the RO's September 1998 letter was erroneous and there was a balance remaining at the time of the erroneous termination, recovery of this balance would be against equity and good conscience.

The Veteran's esophageal tear and stomach disorder are considered to be a result of the VA treatment on January 21, 2006. The failure to diagnose this condition resulted in an additional disability involving his lungs. However, there is equipoise regarding whether the failure to provide treatment on January 22, 2006, caused any further harm.

The Veteran's disability of the right second toe is currently rated as 20 percent disabling, and the Board finds that it does not warrant a higher rating.

The Veteran's claimed residuals of his February 9, 2005 surgery were not caused or aggravated by VA carelessness, negligence, lack of proper skill, or error in judgment.

The Veteran's cause of death was not caused by, or substantially or materially contributed to, by an event, injury, or disease incurred in or aggravated by active service. The Board found that the Veteran did not serve in Vietnam and therefore could not establish presumptive service connection for herbicide exposure.

The Veteran's initial claim for a compensable evaluation for chronic right inguinal groin pain, status post right inguinal hernia surgery was denied.,A separate rating of 10% for scars associated with the service-connected condition was granted.

The Board denied the Veteran's claim for service connection for residuals of a sexually transmitted disease, including a skin condition on his penis and thighs. The evidence did not support a finding that these conditions were related to service.

The Board has remanded the case for further development, including obtaining medical records and considering new evidence. The appellant's claim for special monthly pension based on need for regular aid and attendance or housebound status is being returned to the agency of original jurisdiction (AOJ).

The Veteran died in July 2002. The appellant has previously received compensation for accrued benefits purposes for the two-year period immediately preceding the Veteran's death (July [redacted], 2000 - July [redacted], 2002). The claim of entitlement to additional compensation for accrued benefits purposes is denied as a matter of law.

The Veteran's claim for service connection for paroxysmal lone atrial fibrillation is being remanded due to the need for an addendum VA examination and consideration of continuity of symptomatology.

The Veteran's stomach disorder is not related to service, and was not caused by the medication Darvon prescribed to him in service or exposure to herbicide agent Orange. The Board finds that the Veteran's stomach disorder currently diagnosed as GERD is not related to service.