Other conditions decisions — 2017

The case is being remanded for additional development to address the theories of direct and secondary service connection for the Veteran's disability characterized by dizziness/loss of consciousness.

The Veteran withdrew their appeal for the claim of entitlement to an increased rating for left diaphragm palsy.

The Board denied the Veteran's claim for service connection for high cholesterol, finding no evidence of ischemic heart disease or myocardial infarction prior to his death. The claim is denied.

The Board has remanded the case for additional development, including obtaining updated financial information from both parties and an accounting of child support payments made by the Veteran during the appeal period.

The Veteran's right foot disability, including pes cavus with symptoms of painful callosities and marked varus deformity, is manifested by a 30 percent rating effective January 5, 2017.

The Board has determined that the VA examination was not conducted by a physician and did not consider the Veteran's lay statements regarding symptom onset and continuity. The case is being remanded for further development.

The Veteran's DIC benefits claim based on a June 2000 rating decision assigning a February 8, 2000 effective date for a 100% rating for lymphatic filariasis was denied as the appellant did not meet the criteria for entitlement to DIC benefits under 38 U.S.C.A. § 1318.

The Veteran's PTSD with generalized anxiety disorder is rated at 70 percent since June 14, 2011. The Veteran also has sleep impairment and memory loss as manifestations of his service-connected PTSD.

The Veteran withdrew the appeal for the claims of entitlement to service connection for an osteoid osteoma of the pelvis, an increased rating for a cervical spine disability, and an increased rating for a lumbar spine disability.

The Board has determined that the appellant was a fugitive felon and therefore not entitled to VA compensation during the relevant period. The overpayment of $16,692.40 is valid and recovery cannot be waived due to significant fault on the part of the appellant and unjust enrichment.

The Board found that the Veteran's death was not caused by service-connected conditions, and denied the claim for service connection for the cause of the Veteran's death.

The Board has determined that there is not sufficient evidence to establish a link between the Veteran's current skin disability (other than fungal infection of the feet) and his period of active service, including presumed herbicide agent exposure. As such, the claim for service connection is denied.

The Veteran's claim for a compensable evaluation prior to January 28, 2014, for squamous cell carcinoma of the right tonsil and neck was denied. The Board awarded a 100 percent evaluation effective from January 28, 2014.

The Board has determined that the Veteran's low back disability, including spina bifida, was not caused or aggravated by his military service and therefore denied his claim for service connection.

The Board has remanded the case for further development due to a need for an updated medical opinion regarding the etiology of the Veteran's bilateral otitis externa.

The Veteran's appeal is being remanded for a new VA examination to assess the current severity of her service-connected osteopenia, as the previous examinations are too old and do not provide all required range of motion testing.

The Board has determined that the appellant does not meet the legal requirements for obtaining a one-time payment from the FVEC Fund based on service in the Philippines, and therefore denies the claim.

The Veteran's service-connected bilateral inguinal hernia has been rated at 40 percent since August 11, 2010. The Board finds that the evidence supports this rating as there is no indication of a large hernia and the condition remains small and recurrent.

The Board found that the Veteran's current Hodgkin's lymphoma is not related to service, including due to in-service exposure to anthrax vaccination or depleted uranium. The symptoms of back pain and weight loss were not shown to be early manifestations of the lymphoma.

The Veteran's claims for a compensable evaluation prior to October 24, 2015 and in excess of 10 percent disabling after for epididymo-orchitis were denied. The Veteran also had his claim for service connection for a cervical spine disability and dizziness denied.