Other conditions decisions — 2017

The Veteran's postoperative residuals of a gastrointestinal stromal tumor were caused or aggravated by VA carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault. As such, the criteria for compensation under 38 U.S.C.A. § 1151 have been met.

The Board found that the Veteran's neurological condition of the neck with associated head tremors was not incurred or aggravated in active service, and is not proximately due to or the result of service-connected disability.

The Board has remanded the case due to lack of VA treatment records and inadequate opinion regarding the etiology of the Veteran's cold injury residuals.

The Veteran's musculoskeletal chest pain results in episodic left chest area pain without underlying cardiac disability or other functional impairment, and does not meet the criteria for a compensable rating.

The Board has determined that there is no evidence of an ear infection or cardiac disorder during service, and the Veteran does not have current disabilities related to these conditions. The VA examiner concluded that any present heart murmur and sinus tachycardia are at least as likely as not proximately related to in-service sinus tachycardia.

The Board found that the Veteran's left foot hallux valgus did not meet the criteria for a compensable rating under Diagnostic Code 5280, as his symptoms were described as mild or moderate and not equivalent to amputation of the great toe.

The Board has determined that the Veteran's neuromuscular dystrophy was not incurred in or aggravated by service, and may not be presumed to have been incurred or aggravated therein. The claim for service connection is denied.

The Board has remanded the case due to inadequate opinions from the September 2016 VA examiner regarding the Veteran's service connection claim for emphysema. The claims need to be addressed again with an addendum opinion that considers in-service asbestos exposure, other incidents of service, and the significance of risk factors such as smoking.

The Board is remanding the case for a VA dental examination to determine if the Veteran's missing bottom teeth numbers 20 and 21 are due to in-service trauma, specifically his reports of in-service tooth grinding as a result of stress. The issue will then be adjudicated again.

The Veteran has withdrawn his appeal on the issues of entitlement to service connection for a right skull disorder, bilateral eye disorder, and jaw disorder.,The Veteran has withdrawn his appeal on the issues of entitlement to separate compensable evaluations for right forearm retained foreign bodies, right wrist retained foreign bodies.

The Board has determined that additional development is needed to determine if the Veteran's intrahepatic biliary cancer was related to his military service, including exposure to parasites in Vietnam or Agent Orange exposure. The case will be remanded for this purpose.

The Veteran's service-connected PTSD is found to have aggravated his congestive heart failure, contributing to his death. The Board finds the evidence in equipoise on this issue and grants DIC benefits.

The Board has reopened the Veteran's claim of service connection for a psychiatric disorder, including schizoaffective disorder. The evidence shows that the Veteran had symptoms during his military service and was diagnosed with paranoid schizophrenia shortly after separation. A private psychologist concluded that the current diagnosis of schizoaffective disorder is related to his military service.

The Board has determined that the recovery of an overpayment of VA disability benefits in the amount of $2,655.03 would be against equity and good conscience due to a lack of fault on the part of the Veteran and fault on the part of VA for increasing his disability benefits without notice of his release from prison.

The Board found that the reduction of the Appellant's nonservice-connected pension benefits, effective January 1, 2010, was proper based on the state of Texas beginning to pay his Medicare Part B premiums in March 2010. The Appellant did not provide evidence of additional medical expenses from 2011.

The Veteran's pension benefits were terminated due to overpayment of income, and the Board has ruled that restoration of his pension benefits should be granted from September 1, 2009.

The Board has remanded the claims due to inadequate opinions from the VA examiner regarding the relationship between the Veteran's service and his claimed hand and leg disorders, including degenerative joint disease. Additional medical opinions are required.

The Board has determined that there is no evidence of current jaundice and liver condition, and thus service connection for these conditions cannot be granted.

The Board has determined that the Veteran's current residuals of a cold weather injury of both feet had their onset during his period of service and granted service connection for these conditions.

The Veteran's service-connected right forearm and hip/pretibial area shell fragment wounds do not meet the criteria for a higher initial rating.