Other conditions decisions — 2018

The Veteran withdrew her appeal for service connection of urinary incontinence, resulting in the dismissal of her case.

The Board denied the Veteran's request to waive recovery of an overpayment of VRAP benefits, finding that he was at fault in creating the debt and denying his claim for undue hardship.

The Board has decided to remand the cases for further review due to new evidence added by VA.

The Board has remanded the case due to insufficient examination and opinion regarding whether the Veteran's hip condition is a congenital defect or disease, and if it was aggravated by service.

The Veteran's claim for service connection for gastric malt lymphoma has been reopened and is granted. The right knee disability and bilateral hand arthritis claims are remanded.

The Veteran's surviving spouse was already awarded $1,924 in burial benefits. The appellant cannot be awarded additional burial benefits as the surviving spouse has priority and VA will not divide applicable burial benefits among claimants.

The Veteran's claim for a higher disability rating for ankylosis of the left finger with arthritis is being remanded. Additionally, there are issues regarding an earlier effective date for individual unemployability.

The Board denied the Veteran's claim for service connection for a left elbow disability, finding that there was no evidence of a current disability related to active service and concluding that any left elbow injury during service did not result in a chronic condition.

The Veteran's urine retention and incontinence symptoms between January 4, 2005 to April 2010 were caused by VA medical care providers opting for an ablation of the posterior urethral valve surgery instead of a transurethral resection of the prostate. The Board found that this decision was not due to willful misconduct and proximately caused by VA's failure to timely diagnose and properly treat the disease or injury.

The Veteran's Chapter 35 education benefits for the term from June 24, 2013 to August 17, 2013 were denied because her maximum benefit had already been used for the previous academic year. The appeal is dismissed as there is no legal basis to grant the claim.

The Veteran's service-connected residuals of an injury to the second toe of his right foot have increased in severity, and he should be provided a VA examination to determine its current severity.

The Veteran's claims for an increased rating for squamous cell carcinoma of the left vocal fold and a TDIU are being remanded due to the need for additional medical opinions regarding his symptoms and their impact on his daily activities, as well as consideration of whether referral for extra-schedular consideration is warranted.

The claim of service connection for the cause of death is denied as there is no evidence that the Veteran's service-connected bronchiectasis contributed to his death.

The Veteran's periodontal disease is not considered a disability for which service connection for compensation purposes can be granted.

The Board has remanded the Veteran's claims for service connection for bilateral upper extremity disorders, including as secondary to diabetes mellitus, type 2. The claims are also remanded for issuance of an SOC regarding effective dates.

The Veteran's request for a waiver of the recovery of an overpayment of education benefits in the amount of $3000 was not timely filed, and therefore her appeal is denied.

Service connection is granted for a neck condition, and the Veteran's right Achilles tendonitis claim is dismissed. The case is remanded to determine if Crohn’s disease had its onset during service.

The Board denied the Veteran's claims regarding overpayment of compensation benefits due to removal of dependents and recoupment of separation pay. The appeal is dismissed.

The Veteran's appeal is about requesting an earlier effective date for the award of nonservice-connected pension. The Board has decided to remand this matter due to incomplete records.

The Veteran's claim for a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities was denied as his combined evaluation did not meet the percentage requirements for eligibility for a TDIU, and he failed to provide sufficient information regarding his employment history.