Other conditions decisions — 2017

The Veteran's appeal is being remanded to the RO for scheduling a video conference hearing at his local VA office. The issues of entitlement to service connection for right and left eye injuries/disorders are pending.

The Veteran's appeal is being remanded for scheduling a Board videoconference hearing at the local VA Regional Office.

The Board has remanded the case for further development, including obtaining updated VA treatment records and providing a VA examination to determine the nature and etiology of the Veteran's bilateral hip disorder. The claim will be readjudicated based on all evidence.

The Board has determined that there is no current diagnosis of generalized arthritis other than the already service-connected conditions. Therefore, service connection for this condition cannot be granted.

The Veteran's pension benefits were terminated due to his status as a fugitive felon, resulting in an overpayment of $44,184.80. The Board found that the Veteran was primarily at fault for creating this debt and that repayment would result in undue hardship. Therefore, the Board granted a waiver of recovery of the overpayment.

The Board has determined that the Veteran's cause of death, an acute myocardial infarction, was not caused or contributed to by his in-service cardiorespiratory arrest due to a postoperative compromise of the airway. The VA medical opinion concluded it was unlikely that the July 1976 in-service cardiorespiratory arrest resulted in any heart disorder leading to death.

The Board has determined that the Veteran does not have a chronic disability manifested by poor circulation of the lower extremities, other than diabetes mellitus, and this condition is not related to service or an incident of service origin. The claim for service connection for a low back disability is remanded.

The Veteran's service does not qualify him for general eligibility for Chapter 30 benefits under the applicable regulations, as a matter of law. The Board therefore denies basic eligibility for 38 U.S.C. Chapter 30 (Montgomery GI Bill) educational assistance.

The Board has determined that the Veteran does not have a current diagnosis of pericarditis and therefore, cannot establish service connection for this condition.

The Veteran's claim for service connection for stomach ulcers was reopened and granted. Service connection for peptic ulcer disease is established, with the condition being secondary to his period of active service. The issue of service connection for stomach cancer remains pending as it may be related to his service-connected peptic ulcer disease.

The Veteran's appeal has been withdrawn prior to the Board issuing a decision.

The Veteran's claim for service connection for colon cancer was denied as there is no medical evidence linking the condition to his military service or service-connected prostate cancer.

The Veteran's ingrown toenails, right and left great toes, are each rated at the lowest possible noncompensable level. The RO has granted initial compensable ratings for these conditions.

The Veteran's appeal has been withdrawn and the case is dismissed as he wishes to withdraw his appeal.

The Veteran's right foot fracture with DJD and interphalangeal joint disease is rated at 20 percent, the highest available rating under the applicable diagnostic codes. The compensable ratings for hallux valgus of the right foot (10%) and hammer toe of the right foot are granted.

The Board has remanded the case for additional development, including obtaining an opinion on whether the Veteran's heart conditions are related to his presumed exposure to herbicides in Vietnam.

The Board has ordered the case to be remanded due to failure to notify and assist the Veteran with obtaining relevant medical records. The Veteran is required to provide a release for Dr. Jacobs' treatment records.

The Board has determined that the Veteran does not have a current circulatory disorder of the lower extremities or related disability to account for his symptoms. The bilateral eye disability was also found not to be incurred in service.

The Board has determined that the Veteran does not have a current diagnosis of an acquired psychiatric disorder, such as depression or PTSD. The preponderance of evidence indicates he has a personality disorder instead.

The Board has remanded the case due to the need for a more contemporaneous examination of the Veteran's left middle finger disability.