Other conditions decisions — 2017

The Veteran's overpayment of $11,102.40 for a dependent child disability benefit was found to be valid and the debt was waived due to VA's fault in not timely discontinuing dependency compensation benefits.

The Veteran has been granted service connection for cold injury residuals of the upper extremities and ears, as well as lower extremities. He was denied service connection for hearing loss and tinnitus.,Service connection is established for cold injury residuals of the upper extremities and ears due to exposure in Alaska during active duty.

The Veteran's service-connected residual scar, post right inguinal hernia surgery, is rated at 10 percent and the Board finds that a higher rating is not warranted.

The Board has determined that the Veteran's CIDP did not have its onset in service or within the first post-service year, and is not otherwise etiologically related to service. Therefore, the claim for service connection for CIDP is denied.

The Board has determined that the Veteran does not have a current disability related to his service, and therefore, service connection for cardiovascular disorder and residuals of hot weather injury is denied.

The Veteran's claim for additional VA educational assistance benefits under Chapter 33 is being remanded due to the need for an addendum audit of his account regarding the VA educational assistance benefits he received under both Chapter 30 and Chapter 33.

The Board has determined that the Veteran's chronic myelogenous leukemia is not related to his service, including exposure to herbicide agents in Vietnam. The claim for service connection is therefore denied.

The Veteran's service connection for a functional gastrointestinal disorder is granted, and he is assigned a noncompensable rating for his bilateral hearing loss.

The Board found that the appellant's discharge from his period of service from January 4, 1988 to May 23, 1988 is a legal bar to VA benefits due to an under other than honorable conditions discharge. The character of the discharge does not affect entitlement for any disabilities related to this period.

The case is being remanded due to the need for proper development of the issue, including furnishing copies of all correspondence related to the simultaneously contested claim and requesting updated financial information from both parties.

The Board has remanded the case for additional development, including obtaining treatment records from correctional facilities and scheduling a VA examination. The Veteran's claim of service connection for residuals of left leg injury is pending.

The Board has remanded the case for additional development, including a supplemental VA opinion to determine whether polyuria is related to service-connected lumbar spine disability.

The Board has determined that the Veteran's service-connected left salpingectomy, which involves the removal of the left fallopian tube with no current residuals (other than a service-connected abdominal scar), does not warrant an initial compensable evaluation at any time during the appeal period.

The Veteran's appeal is being remanded due to the need for a videoconference hearing before the Board of Veterans' Appeals. The issues include seeking an increased rating for his hip condition and TDIU.

The Board has determined that the Veteran's death was a consequence of VA hospital care and surgical treatment, specifically the March 2009 pacemaker placement and April 2009 paracentesis. The death was proximately caused by an event not reasonably foreseeable, as it did not result from willful misconduct and is not attributable to any fault on the part of VA in providing the care or treatment.

The Board has remanded the case due to the need for a VA examination and further development of the record.

The appeal has been dismissed as the appellant, through his attorney, has withdrawn it.

The Board found that the Veteran's chronic hoarseness and possible chest pain were not caused by VA negligence or unforeseeable events, thus denying compensation under 38 U.S.C.A. § 1151 for residuals of a lymph node simple biopsy.

The Veteran's appeal is being remanded due to the need for a DRO hearing. The claim will be reconsidered after any additional evidence is considered.

The Board has determined that the Veteran's right eye retinal detachment and choroidal rupture are attributable to active service, granting his claim for service connection.