Other conditions decisions — 2017

The Board found that the Veteran's status as a fugitive felon was proper, based on his failure to comply with probation terms for a third-degree felony conviction. The claim to reinstate pension benefits was denied.

The Veteran's autoimmune pancreatitis was not incurred in or aggravated by service and is not presumed to be due to Agent Orange exposure. Service connection for this condition is denied as the evidence does not establish a direct relationship with his diabetes mellitus type II.

The Board found that leukopenia was not incurred or aggravated during service and denied the claim.

The Board found that the Veteran did not have residuals of a head concussion disability and his current symptoms were not related to service or any in-service event or occurrence.

The Veteran's claim for a compensable evaluation for residuals of fracture of the 4th metacarpal, left hand was denied due to his failure to report for necessary VA examinations.

The Board has determined that the Veteran's right hip disorder is proximately due to or the result of his service-connected left knee gunshot wound residuals, and thus grants service connection for this condition.

The Board found that the Veteran's right hip DJD is not related to his service or chemical exposure, and denied service connection for this condition. The Board also found that the Veteran's left hip AVN was caused by medication taken for asthma.

The Board has determined that the Veteran's residuals of a colon resection and diverticulitis are not service connected, as there is no evidence linking these conditions to his active duty service or any service-connected disabilities. The Board also found that the Veteran's diverticulitis was not caused by medications taken for treatment of his service-connected disabilities.

The Board has granted a waiver of recovery for an overpayment of $602.04 in Dependents' Educational Assistance (DEA) benefits due to the appellant's enrollment reduction, finding that recovery would be against equity and good conscience.

The Board has remanded the case for scheduling a videoconference hearing at the VA RO in Winston-Salem, North Carolina. The Veteran's claim of entitlement to relief from the payment of attorney's fees is not related to service connection.

The Board has reopened the Veteran's claim of service connection for an autoimmune disease of unspecified diagnosis, originally claimed as multifocal fibrosclerosis and manifested by scleroderma, Raynaud's disease, Sjögren's syndrome, Peyronie's disease, and Dupuytren's contractures. The evidence now shows that loss of teeth in service was due to Sjögren's disease, an autoimmune condition.

The Veteran's right foot disability, characterized as bunion of the right foot, was rated at 10 percent prior to August 11, 2016. Since then, it has been rated at 20 percent. The Board found that the current rating adequately reflects the severity of the condition.

The Veteran's service-connected dermatophytosis of the bilateral feet is not shown to meet the criteria for a compensable evaluation.

The Veteran's appeal for a TDIU prior to July 15, 2015 was dismissed due to the death of the Veteran during the pendency of his appeal.

The Board has determined that the Veteran's tendinitis of the bilateral legs is not related to her active duty service and therefore denied her claim for service connection.

The Board has determined that the Veteran's right forearm lipoma, which developed many years after service and is unrelated to his in-service injury, does not meet the criteria for service connection. However, the old subperiosteal calcified hematoma observed during service and confirmed by subsequent imaging studies meets the criteria for direct service connection.

The Board found that the Veteran's current eye disorder is refractive error, which does not require service connection as it is a normal variation of vision. The claim was denied.

The Board has remanded the case due to a lack of availability of an appropriate VA examination, and the Veteran's history of tympanic membrane perforation needs further assessment.

The Veteran's former representative is entitled to $1,117.20 in fees for attorney services. The appeal is being remanded due to the lack of a hearing transcript.

The Veteran withdrew their appeal for the service-connected chronic epididymitis claim prior to a decision being made.