Other conditions decisions — 2016

The Veteran's narcolepsy was productive of interruptions in consciousness comparable to at least 10 minor seizures weekly, on average. For the entire rating period, the criteria for a rating of 60 percent were met.

The Veteran withdrew his appeals for the special home adaptation grant and specially adapted housing assistance.

The Board finds that the appellant was not the Veteran's surviving spouse at the time of his death, and thus denies her claim for recognition as a surviving spouse.

The Veteran's hip disabilities have been rated as 30 percent disabling since May 22, 2002. The right hip disability was initially rated at 100 percent from May 6, 2004 to June 1, 2005 and then back down to 30 percent thereafter. The left hip disability has been rated as 100 percent disabling since November 17, 2005.

The Board denied the Veteran's claim for a compensable rating for his umbilical hernia, finding that there was no disability and no indication of need for a supporting belt.

The Board found no evidence of a current disability and concluded that the Veteran's urinary tract infections are not related to service.

The Veteran's appeal is being remanded for additional development, including obtaining a medical examination and opinion to address the severity of his esophagitis with esophageal stricture.

The Board has determined that the Veteran does not have a current diagnosis of a jaw disability, and thus cannot establish service connection for chronic residuals of a jaw injury.

The Veteran's bunion of the right great toe is currently rated at 10 percent, and there is no evidence that it warrants a higher rating.

The Board has granted a waiver of recovery of an overpayment of VA educational assistance benefits in the amount of $1,215.64 due to undue hardship and because repayment would defeat the purpose of the VA educational assistance program.

The Board has directed the Department of Veterans Affairs (VA) Regional Office and Education Center to obtain official confirmation of the Veteran's active duty service period(s). The AOJ should also associate with the record any verification of active duty service period(s) previously obtained from the Department of Army, or if necessary, service department verification. If this is no longer available, then the AOJ should obtain such verification.

The Veteran's request for waiver of recovery of an overpayment of nonservice-connected pension benefits in the amount of $23, 338.00 was timely and a waiver is granted.

The Board has decided to remand the case due to changes in the Veteran's financial situation and the need for updated information regarding child support payments.

The Veteran withdrew his appeal for payment of unauthorized medical expenses incurred at [redacted] on December 19, 2011, and December 20, 2011.

The Veteran's claim for service connection for hysterectomy is being remanded due to the need for a VA examination and medical opinion, as well as clarification of outstanding gynecology treatment records.

The Veteran died from pancreatic cancer with liver metastases. The VA physician concluded that his service-connected low back disability did not cause or contribute to his death, and there was no evidence of ischemic heart disease at the time of death.

The Veteran's request for a waiver of overpayment was denied as it was not filed within the required 180-day period. The Board found that the Veteran missed the deadline due to his incarceration and homelessness, but there is no evidence he did not receive the notification.

The Board denied service connection for the cause of the Veteran's death due to lack of evidence showing a relationship between senile debility and active service.

The Board has remanded the case for scheduling a videoconference hearing due to the appellant's request and because the RO schedules such hearings.

The Veteran's claim for service connection for mammary Paget's disease, claimed as skin cancer, is being remanded due to the need for further development regarding participation in Project SHAD and a medical opinion.