Other conditions decisions — 2017

The Board has determined that the Veteran's arthritis of multiple joints did not manifest during service or within one year of separation, and is unrelated to service. The claim for service connection is denied.

The Board has vacated its prior decision and is now remanding the case for further development, including an audit of the Veteran's pay history to determine the amount of special separation benefits paid after Federal income tax was withheld.

The Board has determined that the Veteran's current heart disorder is not caused or aggravated by his military service, and therefore denied his claim for service connection.

The Board has determined that the Veteran's voice hoarseness and difficulty swallowing are secondary to his service-connected cervical spondylosis and scars, and thus grants these claims.

The Veteran's right foot arthritis is currently rated at 10 percent, and the Board has determined that a higher rating of 20 percent is warranted based on moderately severe impairment. The other issues remain unresolved.

The Board granted service connection for the cause of the Veteran's death on November 9, 2007, based on a liberalizing law effective June 5, 2001. The effective date was set at November 9, 2006, which is one year prior to the application due to the retroactive nature of the change in law.

The Board has determined that the Veteran's pancreatic cancer is secondary to his service-connected diabetes mellitus, and thus grants service connection for this condition.

The Board has determined that the August 2011 rating decision severing service connection for oropharynx squamous cell carcinoma was in error due to clear and unmistakable error (CUE), and therefore, restored the original grant of service connection.

The Veteran's service-connected cold injury residuals, combined with his work history and education, render him unable to maintain or obtain substantially gainful employment. The Board finds that the criteria for a TDIU have been met.

The Board determined that VA correctly counted the annual income discovered during the 2010 Income Verification Match performed in October 2012 as countable family income, and thus waived the entire debt at issue of $22,527.00 for the period February 1, 2010, through March 1, 2015.

The Veteran developed dementia as a result of his active service.,Dementia is granted as directly related to service.

The Veteran's appeal is remanded for additional development, including a new VA examination to assess the extent of his back disability and any related neurological or muscular symptoms. The AOJ should also obtain and associate with the claims file any outstanding treatment records.

The Board denied the Appellant's claim for Department of Veterans Affairs benefits as he did not have qualifying service and therefore is not a veteran for VA benefit purposes.

The Veteran's ameloblastoma, post jaw resection, is currently rated at 20 percent disabling. The initial rating for impairment of the interalveolar nerve (fifth cranial nerve) has been granted and is now rated as 50 percent disabling.

The Board has remanded the case for additional development, including obtaining outstanding treatment records and scheduling a VA examination to determine the nature and etiology of the Veteran's hernia disability. The Veteran is seeking service connection for his hernia disability.

The Veteran has withdrawn her appeal regarding the issue of entitlement to vocational rehabilitation services under Chapter 31, Title 38, United States Code. The Board does not have jurisdiction to review this matter as it is dismissed.

The Board has determined that the appellant does not meet the criteria to be recognized as the Veteran's surviving spouse for purposes of establishing eligibility for VA death benefits.

The Board has determined that the overpayment of $5,203.00 was properly created due to additional/unreported income in the Veteran's spouse's unemployment benefits.

The Veteran's service is not considered to be during a period of war, thus he does not meet the eligibility criteria for nonservice-connected pension benefits.

The Board has dismissed the appeal due to the death of the appellant.