Other conditions decisions — 2017

The Board found the overpayment validly created and not against equity and good conscience for the period from June 17, 2007 through April 2, 2008. However, recovery of the overpayment would be against equity and good conscience for the period from April 3, 2008 onwards due to the Veteran's failure to notify VA of his divorce and subsequent remarriage.

The Veteran's appeal was denied as his right epididymo-orchitis with enlargement, voiding dysfunction, and infertility did not meet the criteria for a higher rating prior to November 6, 2014, or from that date forward.

The Veteran's bilateral leg disability is not considered to be due to VA carelessness, negligence, or error in judgment. The Board finds that the evidence does not support a finding of additional disability resulting from VA treatment.

The Board has determined that the Veteran's urticaria is related to his military service, and thus grants service connection for this condition.

The Board has ordered a remand due to the need for consideration of additional evidence, including an updated eligibility verification report (EVR), and readjudication of the claim.

The Veteran's bilateral refractive error was noted during his active duty service, but the Board finds that this condition pre-existed his service and is not considered a disease or injury incurred therein. The Veteran has not provided sufficient evidence to establish a current disability resulting from an in-service event.

The Veteran's death was due to metastatic colon cancer, but the evidence does not support a finding that this condition was incurred during service or related to any in-service exposure. The Board denied service connection for the cause of the Veteran's death.

The Veteran's death was caused by dementia and pneumonia, but the VA does not find a link between these conditions and his service or any service-connected disabilities.

The Veteran's claims for initial compensable evaluations for arthritis of the left thumb and ring finger, as well as arthritis of the right great toe status post cheilectomy are being remanded due to a need for extraschedular consideration.

The Board has determined that the appellant is entitled to recognition as the surviving spouse of the Veteran for purposes of VA death benefits, based on a deemed valid marriage under VA law. The appeal is granted in this regard.

The Board finds that the Veteran's residuals of deviated nasal septum have not resulted in 50 percent obstruction of the nasal passage on both sides or complete obstruction on one side for any period on appeal, and therefore, does not meet the criteria for a compensable rating.

The Veteran's skin condition is being remanded for additional development to determine its etiology and whether it is related to service, including presumed exposure to herbicide agents in Vietnam.

The Board has determined that the Veteran's current diagnosis of other specified trauma and stressor-related disorder is at least as likely as not incurred during service, warranting service connection.

The Veteran died prior to November 1, 1990 and is currently buried in a private cemetery with a privately purchased headstone. The claim for a government-furnished headstone or grave marker is denied as the criteria are not met.

The Board found that the Veteran's additional disability was not caused by VA treatment, and thus denied his claim under 38 U.S.C.A. § 1151.

The Board finds that the Veteran's bilateral foot disorder and arthritis of the feet are not related to his service, including exposure to contaminated water at Camp Lejeune. The VA examiner concluded that the current bilateral foot disability is less likely than not caused by or related to his service.

The Veteran's appeal was dismissed because the Veteran has died, and the Board does not have jurisdiction to adjudicate the merits of his claim.

The Board has remanded the case due to inadequate medical opinion and need for an addendum regarding exposure to herbicides, including Agent Orange.

The Board previously denied a higher disability rating for the Veteran's service-connected right shoulder condition. The Court has now remanded the case due to deficiencies in the VA examinations used to determine the severity of his condition.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and providing a VA opinion regarding the relationship between his cicatricial pemphigoid and his service.