Other conditions decisions — 2017

The Veteran's service connection claim for residuals of a cold weather injury of the right foot is granted as his statements and medical evidence support this finding.

The Veteran's service-connected herniated disc, status post-surgical repair does not meet the criteria for a higher initial rating beyond 20 percent. The right hand disability is rated based on its specific characteristics and limitations.

The Veteran's claims for service connection are being remanded due to the need for additional medical examinations and development of his Gulf War exposure history.

The Veteran's claims for hair loss and residuals of a heart attack were denied as there is no evidence of current disability or service connection. The Board found that the Veteran's reported symptoms did not result from any medically unexplained chronic multisymptom illness or undiagnosed illness.

The Board found that the creation of the overpayment did not involve fraud, misrepresentation or bad faith on the part of the Veteran. The debt was validly created and repayment would defeat the purpose of VA dependency benefits. Waiver is granted as it does not result in unjust enrichment by the Veteran and repayment would result in undue hardship.

The Veteran's trigeminal neuralgia is denied as it was not caused by VA treatment, and the Board finds that there is no evidence of fault on the part of VA.

The Board has determined that the Veteran's dermatophytosis does not warrant a disability rating in excess of 10 percent, as it affects less than 20% of his exposed skin and body area without requiring systemic therapy.

From June 26, 2003, to April 13, 2004, the Veteran's left foot disability was rated at 20 percent.,From April 14, 2004, to September 5, 2005, the Veteran's left foot disability was rated at 30 percent.

The Board has found no evidence of a current right hand disability and denied the Veteran's claim for service connection.

The Veteran's appeal has been dismissed as he wishes to withdraw his appeal.

The Board has granted service connection for headaches (30 percent) and the right great toe (20 percent), but denied the Veteran's claim for furuncle of the left ear. The appeal is being remanded to obtain additional treatment records.

The Veteran's dysthymic disorder, secondary to his service-connected nodular cystic acne, resulted in occupational and social impairment with occasional decrease in work efficiency and intermittent periods of inability to perform tasks. The symptoms did not meet the criteria for a higher rating.

The Veteran's service is less than 90 days, which does not meet the criteria for basic eligibility for nonservice-connected VA pension benefits.

The Veteran's hematuria is being remanded for a VA examination to determine its etiology, and the secondary service connection claim will also be addressed.

The Veteran's claim for an evaluation in excess of 10 percent for left elbow lateral epicondylitis (non-dominant) is being remanded due to the need for additional development, including a VA examination.

The Board has granted a waiver of overpayment of VA compensation benefits in the amount of $7,109 due to financial hardship and an absence of unjust enrichment.

The Board has remanded the case due to a pending substitution request for the appellant's daughter, and the cause of death claim will be deferred until this is resolved.

The Board has determined that the criteria for an effective date prior to November 3, 2010 for an award of additional compensation for the Veteran's spouse have not been met and therefore the claim must be denied.

The Board has determined that the requirements for a contested claim have not been fully complied with, and thus the case is being remanded to ensure full compliance with special procedural regulations.

The Veteran's request for a waiver of an overpayment was dismissed because it was not filed within the required 180-day period following notification.