Other conditions decisions — 2017

The Board has remanded the case for further development due to inconsistencies in the Veteran's service records and exposure history, as well as the need to obtain updated VA treatment records and any relevant private treatment records. The Veteran is presumed to have been exposed to herbicide agents during his active duty service.

The Board found that the overpayment of $919.08 was properly created due to VA's failure to withhold attorney fees from the Veteran's benefits, and thus it was not a valid debt.

The Board has remanded the case for additional development, including obtaining updated VA examinations and securing pertinent private treatment records.

The Board has determined that the Veteran's residuals of a rib injury and compression fractures L1-L2 are secondary to his service-connected left knee disability. The evidence supports the Veteran's reports of falls caused by his left knee, leading to injuries in both his right ribs and back.

The Veteran withdrew his appeal for service connection of a hiatal hernia, and the Board has dismissed this issue.

The Board has determined that the Veteran's osteochondroma of the left tibia preexisted service and was not aggravated by service, thus denying service connection.

The Veteran requested to withdraw his appeal regarding the increased rating for supraventricular arrhythmias with arterial ventricular block, and the Board has dismissed the appeal.

The Board denied the appellant's claim as a surviving spouse for VA benefits due to her not meeting the criteria of continuous cohabitation with the Veteran since their divorce.

The Veteran seeks service connection for CML due to exposure to ionizing radiation. The claim is reopened and the issue of service connection will be decided on its merits.,The Veteran's request to reopen a claim for residuals of a cerebrovascular accident (CVA) is granted, with the theory that it was caused by radiation exposure. The issue of service connection will be decided on its merits.,The Veteran seeks reopening and service connection for right ear hearing loss due to radiation exposure or as aggravated within a presumptive period following active service. The claim is reopened and the issue of service connection will be decided on its merits.,The Veteran's request to reopen a claim for tinnitus is granted, with the theory that it was caused by radiation exposure. The issue of service connection will be decided on its merits.,The Veteran seeks reopening and service connection for loss of the sense of taste and smell due to radiation exposure. The claim is reopened and the issue of service connection will be decided on its merits.

The Board has determined that the April 2003 rating decision denying service connection for squamous cell lung carcinoma with a history of left pneumonectomy was not clearly and unmistakably erroneous (CUE). The Veteran's disagreement with how the evidence was evaluated does not constitute a valid theory of entitlement to CUE.

The Board has determined that the Veteran's hysterectomy and bilateral salpingo-oophorectomy, anterior right fibroid, and endometriosis are related to her service-connected conditions. The appeal is granted.

The Board found that the Veteran's current bilateral hip disability is not causally related to his active service or any incident therein, and it was less likely than not caused by, due to, aggravated by, incurred from injuries, accidents, and conditions which occurred during active military service or secondarily aggravated by his service-connected low back condition with spondylolisthesis and degenerative disc disease, bilateral knee arthritis, and/or his bilateral foot disability.

The Board denied the appellant's claim of entitlement to VA death benefits, including DIC and death pension benefits because she did not meet the requirements for a surviving spouse at the time of her husband's death.

The Board has determined that the appellant's right eye blindness, resulting from VA medical treatment in December 2003, meets the criteria for compensation under 38 U.S.C.A. § 1151.

The Board has determined that the Veteran's current Eustachian tube dysfunction of the left ear is related to his in-service injury, and thus service connection for this condition is granted.

The Veteran's left shoulder disability, which includes degenerative changes and a history of rotator cuff repair, has been rated at 20 percent since April 1, 2008. The Board finds that the current rating adequately reflects the severity of his condition based on the range of motion findings.

The Veteran's left knee disability is currently rated as 20 percent disabling, effective April 5, 2011. The Board found that the evidence supported a higher rating for this condition.

The Board denied the Veteran's claims for increased ratings and earlier effective dates, finding that his heart disorder did not start in service or be related to a service-connected disability.

The Veteran does not have residuals of a testicle disability and the Board finds that service connection for residuals of a testicle injury is denied.

The Board has determined that the Veteran's brain tumor is at least as likely as not related to his active service, resolving reasonable doubt in his favor.