Other conditions decisions — 2017

The Veteran's service was not during a period of war, and therefore he does not meet the basic eligibility requirements for nonservice-connected pension benefits.

The Veteran's surviving spouse is not eligible for death pension benefits due to her income exceeding the maximum allowable amount.

The Veteran's appeal was dismissed due to his death, and no service connection for lymphoma squamous cell carcinoma as a result of herbicide exposure could be decided.

The Board found that the Veteran's avascular necrosis of the right and left hips is not etiologically related to his active service or service-connected sinusitis, thus denying both claims.

The Veteran is seeking eligibility for Class III dental treatment due to a dental condition that aggravates his service-connected hearing loss and tinnitus. The RO has adjudicated this as a claim for service connection, but the Veteran's appeal is about eligibility for treatment rather than compensation.

The Board has remanded the case due to insufficient medical opinions regarding the Veteran's left foot disability and its relationship to service or a service-connected condition. The Veteran needs further examination and opinion on these issues.

The Board has granted service connection for hallux valgus of the right foot on a secondary basis to the extent it is proximately due or the result of service-connected bilateral pes planus with second, third, and fourth hammertoes.

The Board found that the reduction of the Veteran's VA pension benefits for February 2011 was not proper and reduced the overpayment from $5653 to $5364. The reduction from March 1, 2011 to May 31, 2013 was proper.

The Board denied separate ratings in excess of 10 percent for the Veteran's degenerative joint disease of the right and left knees.

The Board has granted service connection for left ear hearing loss disability but denied the claim for right ear hearing loss disability.

The Board has determined that the Veteran's colorectal cancer was incurred in service, resolving all reasonable doubt in his favor.

The Board found no evidence of a current bilateral leg disability and denied service connection for the Veteran's claimed bilateral leg disability. The claim for respiratory disability is remanded due to inadequate medical opinion.

The Veteran's claims for service connection for bone loss, osteoporosis, broken sternum and fractured vertebrae, as well as chest pain, are denied as there is no competent evidence showing a relationship to military service or exposure to radiation or asbestos.

The Board has accepted the Veteran's request for a waiver of recovery of an overpayment debt as timely filed, and determined that he was not a fugitive felon during the period in which his pension benefits were suspended. The validity of the overpayment debt is upheld, and the Veteran is granted a waiver of recovery.

The Board finds that the Veteran's current respiratory condition is not service-connected and does not meet the criteria for service connection based on aggravation by his service-connected GERD.

The Board denied the Veteran's claim for service connection for numbness of his left arm, finding that there were no objective indications of a qualifying chronic disability and insufficient evidence to support a current diagnosis. The Veteran's opinion was not considered competent medical evidence.

The Board finds that the Veteran's bilateral hip disability is not related to service or any incident of service, and thus denies his claims for service connection.

The Board has decided to remand the case for further development, including a VA opinion on whether the appellant was insane at the time of his other-than-honorable discharge. The issue will be reconsidered after this additional development.

The Board has remanded the case for additional development due to inadequate examination and opinion regarding the Veteran's respiratory disability.

The Board finds that the Veteran's status as a fugitive felon from November 2004 to March 2009 was not valid, and thus the overpayment of VA compensation due to this status is invalid.