Other conditions decisions — 2018

The Board has found that the right and left side paralyses are not due to negligence, lack of proper skill, error in judgment or similar instance of fault on the part of VA. Therefore, compensation under 38 U.S.C. § 1151 is denied.

The Veteran's overpayment of VA compensation benefits for dependents is waived and the collected amount will be returned to him due to his unemployment at the time.

The Board denied service connection for numbness in joints, hematuria, a blood disorder, multiple myeloma, and petechiae on arm, chest and feet due to lack of current disability. The claim for asbestosis was remanded.

The Board denied the Veteran's claim for service connection for a bilateral hand condition, including arthritis and tendonitis, finding that there was no evidence of in-service injury or disease related to these conditions. The preponderance of the evidence did not support the Veteran's contention that her current hand disabilities were caused by her military service.

The Board has decided to remand the case due to insufficient evidence and a need for further development, including obtaining missing medical records and providing an examination.

The Board has remanded the issues of service connection for gout, a skin condition of the back and face, and a skin condition of the feet due to lack of VA examinations. The Veteran's PTSD with depressive disorder is also being remanded for an additional examination.

The Board denied the termination of death pension benefits because the Appellant's annual income exceeded the maximum annual pension rate for a surviving spouse with no dependents since she started receiving Social Security Administration (SSA) widow benefits in March 2012.

The Board has determined that the debt related to overpayment of death pension benefits is valid and that a waiver of this debt would be against equity and good conscience. The decision grants a partial waiver, leaving $9,691.00 of the original debt remaining.

The Veteran's right knee disability is being remanded due to the need for clarification on whether his service treatment records mistakenly labeled his injury as a left knee injury.

The Board has decided that the Veteran's hiatal hernia/gastritis and TDIU claims need further examination and evidence, so these issues are being sent back to the VA for additional review.

The Board denied the Veteran's claim for service connection for a pulmonary disorder, including interstitial lung disease and as due to in-service asbestos exposure. The VA examiners found no evidence of asbestos-related lung disease.

The Veteran's JAK2 V617F positive myeloproliferative neoplasm (primary myelofibrosis) is considered to have been caused by in-service exposure to benzene and other chemicals.

The Board has decided to remand the case due to a lack of an opinion regarding whether the Veteran's right testicle pain is related to his exposure to contaminated water at Camp Lejeune during service.

The Veteran's postoperative tailor’s bunion of the left and right feet are rated at 10 percent each, which is the maximum schedular rating available. The Board found that the current ratings adequately reflect the severity of the disabilities.

The Veteran's claims for an earlier effective date, increased rating for right hand DJD, and TDIU are remanded due to the need for further development of his medical records and employment information.

The Veteran's initial compensable rating for left hand 4th metacarpal status post fracture is being remanded due to the need for updated medical records and a VA examination.

The Board has reopened the claim for service connection for the cause of the Veteran’s death due to cardiomyopathy, but finds that further development is needed as a medical opinion is required regarding the relationship between the Veteran's service-connected left eye disability and his death.

The Board denied the Veteran's claim for service connection of a right inguinal hernia as there is no current diagnosis and the preponderance of evidence does not support a finding that the condition began during service or is related to an in-service injury.

The Board has decided to remand the case due to incomplete records and unclear occupational history. The Veteran's TDIU claim will be reconsidered after obtaining updated medical records, clarifying his employment status, and having a VA examiner clarify their previous opinions.

The Board has decided to remand the case due to an inextricably intertwined issue regarding whether there was clear and unmistakable error (CUE) in a previous rating decision. The effective date for delusional disorder is also under review.