Other conditions decisions — 2017

The Veteran's appeal is being remanded for further development, including obtaining updated VA treatment records and readjudicating the issues on appeal.

The Veteran's nerve damage and loss of balance are not considered to be caused by VA carelessness, negligence, or lack of proper skill. The event that led to these disabilities was not reasonably foreseeable.

The Veteran's request for waiver of overpayment of VA compensation in the amount of $35,827.00 was granted because the overpayment was not validly created and denying it would create a significant financial hardship.

The Veteran's appeal was dismissed due to his death during the pendency of the appeal.

The case is being remanded for additional development, including obtaining Social Security Administration (SSA) records and a VA examination to determine the etiology of the Veteran's skin disorder. The appeal will be reconsidered after these actions.

The Board has determined that the Veteran's scoliosis, which preexisted service, was not aggravated by her military service and therefore denied her claim for service connection.

The Board denied the Veteran's claims for extraschedular ratings for bilateral hallux valgus and right thumb strain, as well as his claim for a rating in excess of 50 percent for bipolar disorder. The Board also found that he did not meet the criteria for TDIU.

The Board has determined that the Veteran's Raynaud's phenomenon had its onset in service and granted service connection for this condition.

The Board has determined that the Veteran's neck and skin disabilities are related to his active service, granting service connection for these conditions.

The Board finds that the evidence is in relative balance as to whether the Veteran's current low back disability (Degenerative Joint Disease) had its onset during active service. The claim for service connection is granted.

The Board found that the Veteran's debt was validly created due to his failure to report a lump sum payment from SSA. After considering factors such as fault, hardship, and undue hardship, the Board granted a waiver of recovery for $7,320 of the overpayment.

The Board denied the Veteran's claims of service connection for degenerative joint disease of the lower back and drop foot, both secondary to lumbosacral strain. The evidence submitted did not provide a new and material basis to support these claims.

The Veteran's claim for special monthly compensation based on the need for regular aid and attendance or at the housebound rate is being remanded due to incomplete development. The Veteran needs clarification of a September 2014 statement from his physician regarding his ADL limitations.

The Veteran's death was caused by pneumonia, which led to cardiac dysrhythmia and respiratory failure. The cause of the pneumonia is not service-connected.,There is no evidence that either of the Veteran's service-connected conditions (right varicocele with thickening of the epididymis and spermatic cord with left varicocelectomy and residual filariasis, or left vocal cord squamous cell carcinoma) caused or contributed to his death.

The Veteran's claim for compensation under 38 U.S.C. § 1151 is being remanded due to the need for additional development, including obtaining relevant VA medical records and ensuring all evidence is considered.

The Veteran's right elbow cubital tunnel syndrome has been rated at 10 percent since September 26, 2007. The appeal is denied as the evidence does not support a higher rating.

The Board has remanded the case due to incomplete development regarding the Veteran's exposure to mustard gas during service. The appellant seeks service connection for her husband's cause of death based on claimed exposure to radiation and mustard gas.

The Veteran does not have a qualifying chronic disability resulting from an undiagnosed illness or medically unexplained multisymptom illness, and his muscle and joint pain is not otherwise related to service.

The Veteran's left heel wound residuals with fractured healed left calcaneus and traumatic arthritis are currently rated at 20 percent, but the Board finds that a higher rating is not warranted. The Veteran's bilateral knee disorder has been found to be secondary to his service-connected left heel wound residuals.

The Veteran's service-connected chronic tailbone pain/injury, residuals of coccyx fracture is rated at a maximum 10 percent under the applicable VA rating criteria.