Other conditions decisions — 2017

The Veteran's left ulnar nerve palsy was rated at 30 percent since May 2, 2007.

The Board found that the creation of the overpayment in the amount of $804.93 did not involve fraud, misrepresentation, or bad faith on the part of the Veteran. The debt was validly created as the Veteran was paid but was not entitled to dependency benefits for a period from October 2014 through March 2015. As VA is at fault for the creation of the overpayment and repayment would result in undue hardship, the Board granted a waiver of recovery.

The Board has determined that there is no current diagnosis of a prostate disorder, and thus the Veteran's claim for service connection for a recurrent prostate disorder including as secondary to herbicide exposure and service-connected diabetes mellitus (DM) is denied.

The Board has determined that the Veteran does not have a current disability manifested by granulomas disease, and therefore, service connection cannot be granted.

The Veteran's appeal is being remanded for additional development, including a new VA medical opinion to address the etiology of his lung disorder and clarify his history of smoking.

The Veteran's adjustment disorder has not been manifested by occupational and social impairment with reduced reliability and productivity. The preponderance of the evidence is against a finding that the Veteran is unable to obtain or maintain any form of substantially gainful employment due to a service-connected disability.

The Board found no evidence of a current respiratory disorder or left eye injury related to service, including exposure to asbestos. The Veteran's claims for these conditions were denied.

The Board has determined that the appellant is entitled to recognition as the Veteran's surviving spouse for purposes of establishing eligibility for Dependency and Indemnity Compensation (DIC).

The Board has remanded the case for further development due to deficiencies in the medical opinions provided regarding the Veteran's hamstring disabilities.

The Veteran's appeal is being remanded for additional development and readjudication of his claim for increased ratings for left elbow disability.

The Veteran's right spontaneous pneumothorax with bilateral lung parenchymal and pleural changes was rated at 60 percent from February 12, 2008 through December 16, 2009. No higher rating is warranted during this period.

The Veteran's TMJ disability was rated at 10 percent prior to July 17, 2009 and denied any higher rating. The initial rating for the removal of multiple precancerous area and skin tags with actinic keratosis right chin was also denied.

The Veteran's right (dominant) biceps tendon rupture has been rated at 40 percent since January 17, 2013.

The Board found that a bilateral elbow disorder was not incurred or aggravated by active service, nor is it proximately due to, the result of, or aggravated by a service-connected bilateral wrist disability.

The Veteran's currently diagnosed eye disorders (Herpes Zoster Ophthalmicus, Cataracts, and Dry Eye Syndrome) are not related to service-connected conditions. The Board finds that the Veteran is not rendered unable to obtain or maintain substantially gainful employment as a result of service-connected disabilities.

The Veteran's claim for a temporary total evaluation based on the need for convalescence following hernia surgery is denied as his surgery and recovery occurred prior to the effective date of service connection.

The Veteran's claims for service connection for blood disease, anemia, and gangrene have been denied as there is no direct evidence of a nexus to his military service or herbicide exposure.

The appellant is not eligible for VA death benefits as the surviving spouse of the Veteran due to remarriage.

The Board finds that the overpayment was not the result of administrative error because the Veteran bore the responsibility to notify VA of any dependency changes. The creation of the overpayment was, therefore, valid and the Veteran's appeal must be denied.

The Board has decided that the Veteran's claim of entitlement to a compensable rating for his right testicle disability requires additional development and will be remanded for further action.