Other conditions decisions — 2017

The Veteran's loss of balance is being remanded for a new VA examination at a different facility to determine if it is related to the April 2009 excision of his neck skin lesion, and whether this additional disability was caused by carelessness or negligence on the part of VA.

The Veteran's claims for service connection for polycythemia and body rash were denied. The Board found no evidence of a current disability or in-service incurrence, respectively. For the Veteran's bilateral hearing loss and malaria claims, the preponderance of the evidence did not support entitlement to an initial compensable rating.

The Board denied the Veteran's claim for additional compensation benefits for his spouse, M.C., as she was not legally free to marry him due to her previous marriage to R.C. which had not been properly terminated.

The Veteran's right hand disability, including osteoarthrosis, was not incurred in or aggravated by service and is not presumed to have occurred therein. The Board found no credible evidence of an in-service injury or disease that caused the current condition.

The Board has determined that a remand is necessary to obtain additional medical records and to provide the Veteran with an examination to determine if his current chalazion, lower eyelid condition is related to service.

The Board has granted a waiver for the overpayment of Chapter 1607 education benefits, finding that recovery would be against equity and good conscience due to the Veteran's financial hardship.

The Veteran's claim for service connection for a right inguinal hernia, status post PHS mesh is being remanded due to insufficient evidence and the need for further examination. The Board will consider whether there is at least a 50% probability that the current condition was incurred in or as a result of active duty service.

The Veteran's death was caused by hypertensive cardiovascular disease, which the VA medical opinion concluded was at least as likely as not due to exposure to Agent Orange in service. As a result, the Board granted service connection for the cause of the Veteran's death.

The Veteran's appeal is being remanded for additional development, including a VA examination to assess the severity of his service-connected corns and calluses (bilateral feet condition).

The Veteran's claim for service connection for carcinoma in situ of the vocal cords/glottis (larynx) was denied as there is no current disability associated with his condition.

The Board denied the appellant's claim for recognition as the surviving spouse of the Veteran, finding that she was not married to him at the time of his death and thus did not meet the legal criteria for VA benefits.

The Veteran's death was found to be service-connected, and the appellant has been paid the maximum available VA burial benefits.

The Board is requesting clarification on the appellant's Priority Group placement for income year 2011, as this information is relevant to his eligibility determination. The claim will be returned to the AOJ for further action.

The case is being remanded for the VA Medical Center to obtain and associate a copy of the Veteran's VHA medical appeal file, including all documents related to the clothing allowance issue.

The Veteran's claims for service connection for a ruptured sinus disability, a ruptured ulcer disability, and a joint pain disability were denied. The claim for service connection for basal cell carcinoma was also denied. The Veteran's appeal of the hearing loss evaluation has been withdrawn.

The Veteran's chronic venous insufficiency of the right lower extremity was initially rated at 20 percent prior to February 11, 2015.

The Veteran's appeal for increased ratings for polyarthralgia as an active process is denied. The Board finds that the Veteran does not have symptoms that more closely approximate constitutional manifestations associated with active joint involvement that is totally incapacitating.

The Board found that the Veteran's thoracic scoliosis is a congenital defect and not related to service or any service-connected condition. The Board determined there was no superimposed disease or injury of the congenital defect during service, nor did it increase in severity beyond normal progression.

The Board found that the Veteran's loss of tooth number 7 did not result from in-service injury or disease, and thus denied his claim for service connection.

The Board has remanded the case for a VA examination to determine the nature and etiology of the Veteran's respiratory disability, including chronic cough. The claim will be reconsidered based on the new evidence.