Other conditions decisions — 2017

The Board has determined that a remand is necessary to recalculate the overpayment amount and provide a detailed explanation of how it was reached, considering returned VA disability benefits checks from August 2007 to June 2009.

The Board found that the Veteran's right arm and inguinal hernia conditions were not caused by VA carelessness, negligence, or similar fault. The additional disabilities developed after the surgeries and are attributed to other factors such as alcohol dependence and aging.

The Veteran's claim for service connection and increased ratings were denied. The Veteran is already in receipt of service connection for her hyperpigmentation, which is covered by the existing rating.

The Veteran's appeal has been withdrawn and is therefore dismissed.

The Board finds that the appellant is not a surviving spouse of the Veteran due to their separation at the time of his death, which was not temporary or due to the misconduct of, or procured by, the Veteran without fault of the spouse.

The Veteran's claim for increased evaluations of his service-connected varicose veins and left hip and thigh disability has been denied. The VA examinations did not provide the required range of motion measurements in both active and passive motions, on weightbearing and non-weightbearing.

The Board has determined that the radiation therapy used to treat the Veteran's service-connected squamous cell carcinoma, left tonsil, status post tonsillectomy accelerated the Veteran's left carotid artery stenosis and caused a CVA with loss of strength and short term memory loss. As such, the criteria for service connection have been met.

The Board has granted service connection for Merkel cell carcinoma for accrued benefits purposes and for the cause of the Veteran's death, finding that the evidence is at least in equipoise as to whether the Veteran's Merkel cell carcinoma was caused by his in-service exposure to ultraviolet (UV) rays due to prolonged periods of working in direct sunlight without proper protection.

The Board has determined that there are no residuals of service-connected left and right fibula stress fractures, and therefore the Veteran is not entitled to a compensable disability rating for this condition.

The Board has determined that the appellant timely disagreed with the March 2013 decision, and thus the issue of whether she can be recognized as the Veteran's surviving spouse for purposes of DIC benefits is remanded for issuance of a Statement of the Case (SOC).

The Veteran's death from esophageal cancer is not service-connected due to lack of evidence linking the condition to his military service, including herbicide exposure.

The Veteran withdrew all pending appeals in an August 2015 written statement, leading to the dismissal of the appeal for payment or reimbursement for non-VA ambulance transport provided by Rural/Metro at Central Colorado on June 1, 2011.

The appellant has withdrawn the service connection issue for a gall bladder disorder, and thus the appeal is dismissed.

The Veteran's spouse seeks retroactive Dependents' Educational Assistance (DEA) benefits under Chapter 35, Title 38, United States Code. The Board denied the claim as the appellant did not file his application for DEA benefits within one year of the RO decision awarding permanent and total disability.

The Veteran's esophageal cancer is at least as likely as not the result of in-service herbicide exposure (Agent Orange). The Board finds that service connection for esophageal carcinoma is warranted.

The Board has granted waivers of overpayment for amounts totaling $11,703, calculated as of August 31, 2006. The decision is based on the finding that repayment would be against equity and good conscience due to VA's delays in notifying the Appellant of the debt.

The Veteran's glioblastoma multiforme is found to be related to his in-service exposure to herbicides, specifically Agent Orange. Service connection for this condition is granted.

The Veteran's left hip disorder is not service connected and the Board finds that his current left hip condition does not meet the criteria for a compensable evaluation.

The Veteran has withdrawn the appeal for TDIU, and therefore the case is dismissed.

The Board has remanded the overpayment issues related to North Carolina Army National Guard drill pay for 2008, 2009, and 2010, as well as concurrent payment of Dependent's Educational Assistance (DEA) and benefits received for a dependent child. The Veteran is requested to complete a Financial Status Report.