Other conditions decisions — 2017

The Board found that the overpayment of $19,282.60 was properly created due to VA's failure to withhold attorney fees from past-due benefits as per a valid fee agreement.

The Board found that the Veteran's mitral valve prolapse did not manifest during service and is not related to his service-connected diabetes mellitus. Therefore, it denied the claim for service connection.

The Board denied the Veteran's claim for an initial disability rating in excess of 20 percent for his service-connected gastroparesis with residuals of cholecystitis-duodenitis, finding that the evidence did not support a higher rating based on the severity of his symptoms.

The Board is remanding the case for additional development, including obtaining U.S. Railroad Retirement Board and Social Security Administration records.

The Board has determined that the Veteran does not have current multiple cysts to the right and left forearms, which is a requirement for service connection. The claim is therefore denied.

The Board has determined that the appellant is not eligible for death pension benefits as he has not provided the necessary information to support his claim.

The Veteran's left hip dysplasia of the left femoral head associated with left hip degenerative joint disease, status post left total hip arthroplasty is currently rated at 50 percent from November 24, 2008 to March 28, 2011 and from May 1, 2012.

The Board has granted a 20 percent rating for right foot pes planus effective May 21, 2004. The Veteran's hallux valgus and hammer toe of the second right toe are not service-connected.

The Board found that the Veteran's lymphomatoid papulosis is not linked to service, including exposure to herbicides or ionizing radiation. Service connection was denied.

The Veteran's claim for service connection for lentigo maligna is being remanded due to the need for a VA examination and additional medical records.

The Board has granted a waiver of recovery for an overpayment of VA disability benefits in the amount of $2,916. The decision is based on the fact that the Veteran was incarcerated and his benefits were erroneously increased without him being aware of it.

The Board found that the appellant's HIV-related illness was not manifest during service and did not find a causal relationship to service. As such, the claim for service connection is denied.

The Veteran's service-connected disabilities render him unable to care for his daily needs without requiring the regular aid and attendance of another person. The Veteran does not have loss or permanent loss of use of one or both feet or hands or permanent impairment of vision of both eyes, nor is he entitled to financial assistance in purchasing an automobile or other conveyance and necessary adaptive equipment.

The Board found that the Veteran's current bilateral eye disability is not service-connected, as there was no evidence of a disease or injury incurred in service and the most persuasive medical opinion evidence weighs against a finding of a relationship between any such disability and service.

The Veteran's claim for service connection for arthritis of multiple joints and a higher initial rating for scars, status post right shoulder surgery, was denied as there is no current diagnosis of arthritis of the hands or elbows. The Veteran does not have a current diagnosis of arthritis of multiple joints.

The Board has determined that the Veteran does not have a current diagnosis of chest wall contusion residuals, and therefore, service connection for this condition is denied.

The Board has remanded the case due to the Veteran's failure to report for a VA examination, and requests that he undergo another examination of his back condition. The claim will be readjudicated after this is done.

The Veteran's service-connected disabilities do not prevent him from securing or following substantially gainful employment, and thus TDIU is denied.

The Veteran died in a nursing home due to gastric cancer, and his death is not service-connected. The appellant's claim for nonservice-connected burial benefits is denied as there are no legal grounds for such benefits.

The Board found that the Veteran does not have a current disability of right or left lower extremity sciatica, and thus denied service connection for bilateral lower extremity sciatica. The Board also noted that there is no evidence to support a finding that the Veteran's hip disorders are related to his service-connected lumbar spine condition.