Other conditions decisions — 2017

The Board found that the appellant was not at fault for the creation of the overpayment and that recovery would be against equity and good conscience, thus granting a waiver.

The Veteran's squamous cell carcinoma of the tonsils was not present during service or for many years thereafter, and was not caused by any incident of service. The Board finds that there is insufficient evidence to establish a link between his current condition and his military service.

The Board found the Veteran's claim for service connection for interstitial fibrosis due to asbestos exposure denied as there was no evidence of in-service asbestos exposure and the current condition is not related to service.

The Veteran's claim for service connection for a dental disability due to trauma is denied as there is no evidence of loss of substance of the maxilla or mandible from trauma resulting in the loss of teeth.

The Board has determined that the Veteran's current left eye condition, diagnosed as meningioma of the left sphenoid wing, is not related to her service. The claims for increased ratings for right and left shoulder tendonitis have been denied.

The Board has determined that the appellant's character of discharge was due to willful and persistent misconduct, which is considered dishonorable for VA purposes. The evidence does not support a finding of insanity at the time of offense.

The Veteran's appeal is being remanded due to the need for a reconsideration of his eligibility for additional vocational rehabilitation training benefits under Chapter 31, Title 38, United States Code. The case will be returned to the Board after further review.

The Board denied the Veteran's claims for service connection for residuals of a TBI and dizziness and loss of balance, finding that the evidence did not support a finding that these conditions were incurred in or related to service.

The Veteran's service-connected onychotomy of the great toenails with bilateral healed scars and onychomycosis of the bilateral toenails has been rated as noncompensable due to lack of involvement of exposed areas, less than 5% total body surface area affected, and no systemic therapy.

The Veteran's service treatment records do not show any complaints, treatment, or diagnosis of a left partial nephrectomy or right total parotidectomy. The conditions were diagnosed after service and are not presumed to be related to herbicide exposure.,There is no evidence showing that the Veteran's right total parotidectomy was caused by his military service, including any exposure to herbicides.

The Board has ordered a new examination to determine if the Veteran's bilateral eye disability is related to her service, specifically her 1999 lightning strike. The current evidence does not definitively establish that the lightning strike caused or aggravated her eye condition.

The Board has remanded the issue of entitlement to a certificate of eligibility for VA home loan guaranty benefits due to its inextricability with another claim being remanded. The appellant will need to provide additional evidence as necessary.

The Veteran's service-connected bilateral cataracts have not met the criteria for a rating in excess of 30 percent from December 10, 2008.

The Veteran's death was not considered to be due to service-connected conditions, and the appellant is barred from being recognized as a surviving spouse for DIC benefits because she remarried after his death.

The Board has determined that the Veteran's congestive heart failure is proximately caused by his service-connected anemia, and thus grants service connection for CHF on a secondary basis.

The Veteran's knee chondromalacia patella has been manifested by painful motion with flexion limited to 120 degrees. The disability does not meet the criteria for a higher rating based on limitation of motion or other diagnostic codes.

The Veteran's left shoulder disability, characterized by pain and limitation of motion at the shoulder level, does not meet the criteria for a higher rating than 20 percent.

The Board denied the Veteran's claim of entitlement to service connection for a skin disorder, finding that there is no clear and credible evidence linking his current skin condition to his military service or exposure to Agent Orange.

The Board found that the Veteran does not have a current bilateral foot or left thigh skin disorder that is directly related to service. The evidence did not support a finding of in-service disease or injury, and there was no continuity of symptomatology post-service.

The Veteran's gastritis is not productive of chronic eroded or ulcerated areas or symptoms. The Veteran has no more than moderate symptoms such as vomiting, diarrhea, constipation, and abdominal pain.