Other conditions decisions — 2017

The Board has ordered a remand to obtain a VA examination for the Veteran's inner ear disorder. The appeal is currently in a pending state and will be reconsidered after the additional development.

The Veteran's income exceeded his expenses by approximately $740 per month, and the appellant's expenses exceeded her income by $1,300. The Board found that an increased apportionment of $500 per month is warranted from August 2009 to December 2013.

The Veteran's appeal is being remanded for additional development, including obtaining VA and private treatment records, scheduling a VA examination to assess the severity of his residuals of colon cancer, and obtaining an opinion from the Director, Compensation Services regarding whether he meets the criteria for a higher extra-schedular rating.

The Veteran's claim for a temporary total evaluation based on convalescence due to residuals of a gunshot wound to the right thigh with supracondylar femur fracture is denied because service connection is not in effect for these conditions.

The Veteran's claims for service connection for a respiratory disorder, increased ratings for bilateral hearing loss and allergic rhinitis, and initial evaluations in excess of 30 percent for his skin disability have been denied. The Board found that the preponderance of evidence did not support these claims.

The Board found no evidence of a pre-existing hammertoe condition and concluded that the current bilateral hammertoe disability is not related to service, thus denying the claim.

The Board found that the Veteran's current coronary artery disease did not have its onset during active service, was not chronic during service, and was not continuous since service separation. The Board also determined that CAD is not causally or etiologically related to any aspect of service, including quinine treatment for malaria.

The Board denied the appellant's request for a waiver of recovery of an overpayment of death pension benefits in the amount of $28,127.00 due to bad faith on her part.

The Veteran's claim for an increased evaluation of his multiple chalazia of the right upper and left lower eyelids was denied as there were no residuals, symptomatic conditions, or visible/palpable tissue loss, visual impairment, asymmetry of one feature or paired set of features, or any characteristics of disfigurement.

The Board denied the Veteran's request for waiver of recovery of an overpayment of Department of Veterans Affairs compensation benefits in the amount of $6,622.00 due to fault on the part of the Veteran and lack of undue hardship or unjust enrichment.

The Board has remanded the case for further development, including adjudication of a service connection claim for a lumbar spine disability. The TDIU issue will be reconsidered after this additional development is completed.

The Veteran has withdrawn his appeals for increased ratings on two service-connected conditions involving the right hand and one condition involving the right foot. The issues are dismissed.

The Board found that the Veteran's brain lipoma is a congenital defect and was not subject to a superimposed disease or injury during military service that resulted in additional disability, thus denying her claim for service connection.

The Board has determined that the Veteran's residuals of bilateral hydrocelectomy are not related to his service or service-connected prostate cancer, and thus denied the claim for service connection.

The Veteran's claims for service connection for myalgia, a left clavicle disorder, a left arm disorder, and a left leg disorder were denied as there is no evidence of current disabilities or in-service incurrence.

The Veteran's case is being remanded due to the need for further development, including a VA examination and supplemental opinion regarding his gunshot wound residuals of the right leg and foot.

The Veteran's claim for a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities was denied as a matter of law because the TDIU rating would commence during a period in which the Veteran is incarcerated for conviction of a felony.

The Board has remanded the case due to unclear facts and circumstances surrounding the appellant's uncharacterized separation from service. The VA will attempt to obtain her service personnel records and clarify these facts.

The appeal has been dismissed due to the death of the appellant, who was the Veteran's widow.

The Board has decided the appeal is remanded for additional development, including obtaining income, net worth and employment information from the Veteran.