Other conditions decisions — 2017

The appellant withdrew her appeal regarding the denial of VA Parents' DIC benefits, and the Board has dismissed this issue.

The Veteran's request for waiver of overpayment of VA benefits was granted in full; any remaining amount deemed owed is waived.

The Board has determined that the appellant's income exceeds the maximum allowable for receipt of death pension benefits, and thus her nonservice-connected death pension benefits have been terminated effective November 1, 2011. As a result, she is not legally entitled to these benefits.

The Veteran seeks service connection for chronic hand tremor and respiratory disability, both claimed to be due to chemical exposure during service. The case is being remanded for additional development including verification of any herbicide exposure and VA examinations.

The Veteran's overpayment of non-service-connected pension benefits is denied as waiver of the debt is not warranted due to fault on his part and no undue hardship or unjust enrichment would result from recovery.

The Veteran's service connection claim for multiple joint pain (manifested in the hands) is denied as there is no evidence of a chronic disability resulting from an undiagnosed illness or medically unexplained multisymptom illness. The claimant's hand pain is attributed to a pre-service injury, and thus not related to service.

The Veteran's wrist condition has been rated at 10 percent since the appeal period began, as it does not meet criteria for a higher rating due to lack of ankylosis.

The Veteran's right and left tibial strains are each rated at 10 percent, and dysmenorrhea and irregular menstrual cycle is also rated at 10 percent. The effective date for the grant of service connection remains March 22, 2010.

The Veteran's claim for educational assistance benefits under Chapter 30 of the VA GI Bill is denied because he did not complete a period of active duty service, and therefore, is not eligible for these benefits.

The Veteran's claims for increased ratings for patellofemoral syndrome of the right and left knees were denied as there was no evidence showing that either knee had limitation of motion or instability warranting a higher rating.

The Board found that the Veteran's nosebleeds were not related to his military service and denied his claim for service connection.

The Veteran's claim for a temporary total evaluation under 38 C.F.R. § 4.30 following right third digit hammer toe surgery performed on July 24, 2009 is denied as the surgery and recovery occurred prior to the effective date of service connection.

The Board finds that the Veteran's benign prostatic hyperplasia (BPH) was incurred in service and is granted service connection for this condition. The issue of a higher initial disability rating for bilateral hearing loss remains unresolved.

The Board denied the Veteran's claim to exclude his spouse's income and his step-daughter's SSA benefits from countable income for non-service connected pension purposes, finding that both should be included as part of his annual income.

The Veteran's appeal is remanded due to the need for a new VA examination to assess the severity of his Bell's palsy, as there are unclear symptoms and no recent medical evidence.

The Veteran withdrew his appeal of the TDIU claim prior to a decision being made by the Board.

The Board previously denied the Veteran's claim for TDIU in October 2014, and a subsequent rating decision in March 2015 confirmed this denial. The Veteran has since indicated no further claims with VA.

The appeal has been dismissed as the appellant withdrew her appeal through her authorized representative prior to a decision being made.

The Board denied service connection for Guillain Barre Syndrome due to lack of evidence linking the condition to service, but granted presumptive exposure based on presence in Vietnam. The Veteran's claim was reopened and remanded.

The Veteran's appeal is being remanded for additional development, including a new VA examination to assess the severity of his service-connected residuals of right foot fracture and whether he has loss of functional use of his right foot solely due to this condition. The claims will be readjudicated after the additional development.