Other conditions decisions — 2016

The Board has determined that the Veteran's current cervical spine disability is at least as likely as not related to his military service, and thus grants service connection for this condition.

The Veteran's colon cancer was diagnosed 40 years after service, and the evidence does not support a causal link to his presumed in-service exposure to contaminated water at Camp Lejeune. The Board denied service connection for colon cancer.

The Veteran's death certificate shows he died in 1988. The appellant filed a claim for accrued benefits in August 2012, which is more than one year after the Veteran's death. As such, the appeal is denied.

The Board has determined that the overpayment of VA non-service-connected disability pension in the amount of $38,919 was properly created and that recovery would defeat the purpose of the benefit. The Veteran's request for waiver of this overpayment is granted.

The Veteran's trigger finger of the right long and ring fingers has been evaluated at 10 percent since August 2008. The VA examiner found no unfavorable ankylosis, but noted limited extension due to pain.

The Board has determined that the termination of benefits for the period from July 24, 2008 to August 19, 2009 due to fugitive felon status was not proper and granted the Veteran's claim.

The Board has determined that the Veteran's tonsil cancer with extension to tongue base is not service connected due to lack of evidence showing it was incurred during or aggravated by military service, including exposure to herbicides. The issue of a compensable rating for bilateral hearing loss remains unresolved.

The Board found that the Veteran's skin conditions, including skin tags and moles, did not have their onset in service or due to herbicide exposure. The VA examiner concluded there was no connection between the current skin disabilities and active duty service.

The Veteran's cause of death was not related to service or herbicide exposure, and there is no evidence that his stomach cancer caused or contributed substantially to his death.

The Veteran's service-connected residuals of fracture of the left tenth rib have been granted. The claim for service connection for skeletal deterioration, claimed as secondary to service-connected residuals of fracture of the left tenth rib, is remanded due to insufficient rationale in previous medical opinions.

The Board has remanded the case for additional development due to a claim of service connection for the cause of the Veteran's death, which may be related to exposure to ionizing radiation. The issue of burial benefits is also being addressed.

The Board has determined that the Veteran does not have a current diagnosis of cancer or hepatitis C, and there is no competent evidence linking these conditions to his active service. The claim for service connection for tumorous growths, status post excision, was denied as there is no nexus between the condition and service. Service connection for hepatitic C was also denied due to lack of a current diagnosis.

The Board has determined that the Veteran's radiculopathy of both lower extremities is proximately due to his service-connected lumbar degenerative disc disease with limited motion of the lumbar spine and spondylolisthesis L5-S1.

The Board has reopened the Veteran's claim of service connection for PVD, claimed as a left leg condition. A VA examination is needed to determine if there is a current disability attributable to past in-service disorders.

The Board denied an earlier effective date for the award of service connection due to failure to timely file a substantive appeal within the required timeframes. The claim was also denied on the basis that the appellant lacks standing to bring a motion for revision of a February 1995 rating decision on the basis of CUE.

The Veteran's appeal is being remanded for additional development, including obtaining a VA opinion on the etiology of his throat cancer and lymph node cancer.

The Veteran's appeal is being remanded due to a scheduling issue for a videoconference hearing. The case will be returned to the AOJ for further action.

The Board found that the termination of the Veteran's nonservice-connected pension benefits was improper due to a life insurance policy, and thus no overpayment occurred.

The Veteran's claim for service connection for a pulmonary disability, initially claimed as esophageal cancer, is being remanded due to the need for additional development of medical records and an opinion on the etiology of his condition.

The Board has remanded the case for additional development to determine if the necessary documentation was submitted in a timely manner and whether the guidelines for payment of private medical services under 38 U.S.C.A. § 1725 have been met.