Other conditions decisions — 2017

The Board finds that recovery of the $9,663.87 overpayment does not violate the principles of equity and good conscience due to VA's error in creating the overpayment and the Veteran's acceptance of erroneous payments.

The Veteran's scar, status post left inguinal hernia repair, was tender and painful but did not cause skin breakdown or underlying tissue damage. The Board found that the current level of disability warranted a 10 percent evaluation.

The Veteran's gout was not shown to meet the criteria for a higher rating prior to May 9, 2007. From May 9, 2007, his gout did not meet the criteria for a disability rating in excess of 20 percent.

The Board has reopened the Veteran's claim for service connection for Buerger's disease, but it remains denied as new and material evidence was not provided. The claims for secondary service connection for a back disorder and dental disorder are also denied.

The Board finds that the Veteran's skin condition is not service-connected, as there is no direct evidence linking it to his active duty service. The presumption of herbicide exposure in Vietnam applies, but the preponderance of the evidence does not support a causal connection between the Veteran's skin disability and his military service.

The Board has restored the Veteran's 30 percent disability rating for Crohn's disease, effective August 1, 2015. The evidence showed that the condition had not improved to warrant a reduction.

The Board found no link between the Veteran's current right foot disability and service, thus denying her claim for service connection.

The Veteran does not have residuals of a left leg wound that is etiologically related to his active duty service and the claim for service connection is denied.

The Board has granted service connection for a low back disability and bilateral hearing loss, finding that these conditions are related to the Veteran's military service. The other claims have been addressed but not resolved in this decision.

The Board has determined that the appellant does not have qualifying service for VA non-service connected pension benefits, and therefore denied his claim.

The Board finds that the Veteran does not have non-genitourinary residuals of prostate cancer, including depressed mood, irritability, fatigue and lack of stamina/energy. The preponderance of evidence is against this claim.

The Veteran's claim for service connection for a cerebrovascular accident (stroke) is being remanded due to conflicting medical opinions and the need for further clarification of his condition.

The Board has determined that the Veteran's liver cancer was not incurred or aggravated by service, and specifically denied as it is not presumed to be due to exposure to herbicides. The claim for service connection for liver cancer is therefore denied.

The Board has determined that there is no evidence of shortening of the right leg related to the service-connected right ankle disability, and thus denied the Veteran's claim for service connection.

The Veteran's left metatarsal condition, diagnosed as residuals of a left metatarsal fracture, is related to service and the Board finds that she is entitled to service connection for this disability.

The Board has determined that the Veteran's gastrointestinal polyps are not related to service or any event of service, manifested within one year following separation from service, or is the result of, or aggravated by a service-connected condition. As such, the claim for service connection for gastrointestinal polyps is denied.

The Board has remanded the case due to insufficient evidence regarding the Veteran's claimed chemical exposure at Fort McClellan. The Veteran is required to provide additional information or undergo a VA examination if his claim for service connection for a skin disability remains denied.

The Board has determined that the Veteran's skin disability was not incurred or aggravated during service and is not related to any in-service exposure. As a result, the claim for service connection for a skin disability is denied.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling a new VA examination to assess the severity of her right toes' conditions. The TDIU claim is also inextricably intertwined with the other issue.

The Board found that the Veteran's death was not caused by or a result of his in-service exposure to jet fuel, asbestos, or other environmental factors. The cause of death is attributed to pulmonary fibrosis and chronic lymphocytic leukemia/small lymphocytic lymphoma, which are not service-connected.