Other conditions decisions — 2017

The Board denied an earlier effective date prior to February 1, 2013, for the award of dependent compensation for the Veteran's spouse and child based on the applicable laws and regulations.

The Veteran's death was caused by multiple myeloma, a disease associated with presumptive service connection due to exposure to certain herbicide agents. The Board finds that the criteria for DIC benefits under 38 U.S.C.A. § 1318 have been met and grants the claim.

The Board dismissed the appeal due to the death of the appellant, as it has no jurisdiction to adjudicate the merits of this appeal at this time.

The Veteran's service-connected disabilities (eye disorder, cold injury of the left hand, right hand, right foot, and left foot) have rendered him unable to secure or follow a substantially gainful occupation for over one year prior to his TDIU claim. The Board finds that he is unemployable due to these conditions.

The Veteran's appeal for nonservice-connected pension was dismissed due to his death.

The Board has remanded the case for additional development, including a VA examination to determine the nature and etiology of any currently present right eye disability. The Veteran's claims file should be returned to the VA Medical Center for an addendum opinion regarding the nature and etiology of any currently present right eye disability.

The Veteran died from a nonservice-connected cause and did not meet the criteria for burial benefits, including a plot or interment allowance.

The Board has determined that the Veteran's skin rash is service-connected, as there is competent and credible evidence of a current disability (skin disorders), in-service incurrence or aggravation of a disease or injury (a skin rash noted at separation from service), and a causal relationship between the present disability and the disease or injury incurred or aggravated during service.

The Board has determined that the criteria for waiver of recovery of $1,114.67 overpayment of disability compensation benefits are met due to financial hardship and undue hardship on the Veteran's family.

The Veteran's unauthorized medical expenses incurred at Southside Regional Medical Center Petersburg on January 6, 2015 are granted as the treatment was for a condition of such severity that a prudent layperson would have expected delay in seeking immediate medical attention to result in serious health jeopardy.

The Board has determined that further development is needed to determine the cause of the Veteran's death and whether any service-connected disability contributed substantially or materially to his death. The appellant must provide additional evidence, such as CT scan images of the Veteran's lungs.

The Board has remanded the case due to conflicting medical evidence regarding the etiology of the Veteran's bilateral breast nodules and a need for another VA examination to evaluate the severity of his service-connected left testicular varicocele.

The Board has granted the Veteran's request to reopen her claim of service connection for residuals of a hysterectomy, based on new and material evidence received since the August 2001 rating decision.

The Board has determined that there is no evidence to support a finding of service connection for squamous cell carcinoma of the soft palate, and thus denied the claim.

The Veteran's neurological disorder of the bilateral upper extremities is found to be due to his previously service-connected cervical spine disorder, and thus service connection is granted.

The Board has determined that the reduction of the Veteran's nonservice-connected pension benefits from February 1, 2002 was proper based on unreported income. The Veteran did not provide documentation to dispute the imputed income and received waivers for overpayments incurred.

The Board has determined that the Veteran's service-connected left spontaneous pneumothorax does not result in any compensable disability rating, as his symptoms are related to a nonservice-connected condition (COPD) and not due to his service-connected condition.

The Board has remanded the case due to inadequate reasons and basis for not providing a VA examination to determine whether the Veteran has an addiction disability related to medications prescribed for his service-connected disabilities.

The Board has remanded the case for an adequate examination to determine if a duodenal ulcer is present, as the April 2010 examination was inadequate in this regard.

The Board has determined that the Veteran's back disability, which resulted in a bilateral L5-S1 discectomy, had its onset during service and is therefore granted service connection.