Other conditions decisions — 2017

The Board has granted a 100% disability rating for the Veteran's service-connected Non-Hodgkin's Lymphoma, effective from the date of the decision.

The Board has determined that the overpayment of $25,614.00 was properly created due to the Veteran's failure to report his incarceration for a felony conviction. The criteria for waiver of recovery have not been met as there is no indication of fraud, misrepresentation or bad faith on the part of the Veteran and recovery would result in unfair gain.

The Board found that the Veteran's skin disorder did not begin during service and is not related to his military service, including exposure to herbicides. The preponderance of evidence does not support a finding in favor of service connection.

The Veteran's bilateral inguinal hernia disability has not been shown to have recurred or caused any impairment since his last surgery in June 2004, and therefore he is not entitled to a rating in excess of the currently assigned 10 percent for this condition.

The Veteran's appeal is being remanded due to the need for additional medical examination and testing. The case will be reconsidered after this.

The Board found that the overpayment of $5,426.00 was validly created based on the status of L.P. as a dependent spouse and denied the Veteran's request for waiver of recovery.

The Board has dismissed the appeals as the Veteran died during the pendency of the appeal and thus no jurisdiction remains to adjudicate the claims.

The appeal is being remanded due to a missed scheduled videoconference hearing. The appellant's request for a hearing has been submitted, but no hearing has taken place as the appellant did not waive her right to a hearing.

The Board found that the overpayment of VA nonservice-connected pension benefits was properly created due to administrative error by both the appellant and VA. The debt is denied as recovery would not be against equity and good conscience.

The Veteran's lung disorder is being remanded due to the need for a more definitive opinion regarding its etiology, as the VA examiner did not discuss the significance of the 1985 chest x-ray findings and based the medical opinion on the lack of documentation since 1985.

The Veteran's request for waiver of overpayment was denied because it was received more than 180 days after notification of the overpayment and the 180 day time limit for filing a request for waiver. The Veteran did not provide evidence that there was a delay in receipt of the notice of indebtedness.

The Board has decided to remand the case for further development, including obtaining missing medical records and arranging a VA examination.

The Veteran's bilateral eye disability, including divergence insufficiency and binocular instability, is found to be related to his service-connected TBI. As a result, the claim for secondary service connection is granted.

The Board denied an increased rating for residuals of a shell fragment wound to the left calf and remanded the issue of entitlement to an increased rating for bilateral hearing loss.

The VA examiner found that the Veteran did not incur an additional disability or worsened visual acuity as a result of the treatment administered in July 2008 at the Seattle VAMC.

The Board has remanded the case due to the need for additional medical opinions and consideration of new evidence.

The Board finds that the Veteran's net worth is excessive for purposes of eligibility for pension benefits, and therefore terminates his VA pension benefits effective September 1, 2014.

The Veteran's chronic immune system disorder, including UCTD or lupus, was not shown to have been incurred in service and is presumed to be due to her Persian Gulf service. The Veteran's postoperative residuals of a pineal cytoma are currently rated at 10 percent.

The Board granted service connection for exotropia of the right eye and denied service connection for arthritis of the right hand. The Veteran's residuals of a mid-shaft fracture of the right fifth metacarpal were rated at 10 percent.

The Board found that the Veteran's skin disorder did not have its clinical onset during service and is not related to any in-service disease, event or injury. The claim for service connection was denied.