Other conditions decisions — 2017

The Veteran's death was not caused by a service-connected disability, and the appellant is not considered a helpless child due to her marriage.

The Board found that the overpayment of VA dependency benefits prior to October 2009 was properly created due to administrative error, but the overpayment subsequent to October 2009 was not properly created.

The Board denied the Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at a private facility on July 22, 2009 due to lack of prior authorization and failure to meet eligibility criteria under VA regulations.

The Board has determined that the Veteran's bilateral eye disability, including keratoconus and cataracts, did not manifest during service or is otherwise related to service. The preponderance of evidence does not support a finding that these conditions are directly related to his military service.

The Board has remanded the case for additional development, including scheduling a hearing at the local RO.

The Board found that the Veteran's myastenia gravis did not have its onset during active service, was not manifest within one year of separation from active duty, and was not caused by presumed herbicide exposure. Therefore, the claim for service connection for myastenia gravis is denied.

The Veteran's claim of entitlement to a TDIU is being remanded due to the pending service connection and increased rating claims for PTSD, heart disability, and depression. The effective date issue has also been raised.

The Board has reopened the claim of service connection for the cause of the Veteran's death due to new and material evidence. However, it is not granted as there is no competent or credible evidence linking in-service illnesses or exposures with the development of nasopharyngeal cancer.

The Board denied the appellant's claim for a waiver of overpayment of VA death pension benefits in the amount of $4,963. The decision found that the appellant was solely at fault in creating the overpayment and that recovery would not be against equity and good conscience.

The Board has remanded the Veteran's claim for service connection for arthritis due to insufficient evidence. The case is now pending further development, including a VA examination.

The Board has remanded the case due to the need for further development and adjudication, including obtaining additional medical records and affording the Veteran an opportunity to respond. The claim is also being remanded to consider whether service connection should be granted for porphyria cutanea tarda.

The Veteran's right rotator cuff strain was initially rated at 20 percent from May 27, 2010 to June 3, 2016. As of June 3, 2016, the rating was increased to 30 percent.

The Veteran's claim for nonservice-connected pension benefits was denied as his net worth is considered excessive and does not meet the requirements of the program.

The Board has determined that the Veteran's left varicocele warrants a disability rating of 10 percent, effective from the date of the decision.

The Veteran's congestive cardiomyopathy was manifested by a workload of greater than 3 METs and left ventricular dysfunction with an ejection fraction between 30 and 50 percent, without chronic congestive heart failure prior to April 14, 2015. The criteria for a rating in excess of 60 percent were not met.

The Veteran's additional disability of left ilioinguinal and left iliohypogastric nerve injuries following an August 1994 VA left hernia repair was not found to be the result of carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of VA. The Board also found that this complication was a rare but foreseeable event.

The Veteran's skin rash disability was initially rated at 30 percent prior to November 29, 2010. Effective January 25, 2017, the VA assigned a 60 percent rating for his skin rash.

The Board has determined that the Veteran's current left eye disability is not etiologically related to his active service and was not caused or aggravated by his service-connected right eye disability.

The Board has determined that the Veteran's alcohol abuse is not related to his service or service-connected PTSD, and thus denied the claim for service connection.

The Board has remanded the case for initial consideration of new evidence submitted by the appellant, as the effective date of a recent amendment to governing law permits such consideration.