Other conditions decisions — 2018

The Veteran's claim for a disability of the hands and fingers is denied as there is no evidence showing he has such a condition. The issue of an initial rating in excess of 50 percent for PTSD with depressed mood remains pending.

The Veteran's appeal has been withdrawn prior to the Board making a decision.

The Veteran and the appellant were not married at the time of the Veteran's death, thus the appellant cannot be recognized as his surviving spouse for VA pension benefits.

The Veteran's cubital tunnel syndrome (CTS) has been rated at 10 percent since November 1, 2005.,Effective from November 1, 2005, the Veteran is entitled to a 10 percent rating for her right and left CTS.

The appellant withdrew his appeal before the Board could make a decision. As a result, the appeal is dismissed.

The Board has ordered a remand to obtain an additional VA examination for the Veteran's hammertoe disability, as there is insufficient medical evidence on file regarding its etiology and whether it was caused or aggravated by service-connected bilateral pes planus.

The Board has determined that the Veteran's ankylosing spondylitis had its onset during service and is therefore granted service connection.

The Board denied the appellant's claim as she was not married to the Veteran at the time of his death, and therefore cannot be recognized as his surviving spouse for VA death benefits.

The Veteran's left thumb disability was rated at 30 percent since August 23, 2012. Prior to that date, the rating was granted based on symptoms of amputation of the thumb with metacarpal resection.

The cause of the Veteran's death was found to be hypertensive and atherosclerotic cardiovascular disease with congestive heart failure. The Board determined that these conditions were not related to his service-connected left knee disability, nor could they be attributed to any other incident or condition during his military service.

The Veteran's claim for VRAP benefits from March 3, 2014 through April 30, 2014 is denied as VA's authority to issue payments under VRAP ended on March 31, 2014.

The Board has ordered a remand due to missing or incomplete evidence, including the Veteran's income and medical expenses information. The case will be reconsidered after these details are provided.

The Veteran's overpayment of nonservice-connected pension benefits was denied a waiver due to the debt being validly created, but the Board found that recovery would not be against equity and good conscience.

The Veteran's death was not service-connected, he did not have pending claims at the time of his death, and he was not in receipt of VA pension or compensation benefits. Therefore, burial benefits are denied.

The Board has remanded the case due to the need for a VA examination and further development of the Veteran's claims.

The Board finds that repayment of the $9,793 debt does not violate equity and good conscience. The Veteran was unjustly enriched by receiving benefits in this amount, and therefore it is not fundamentally unjust to require repayment.

The Board has determined that the Veteran's metastatic stage 4 breast cancer is related to his exposure to contaminated water at Camp Lejeune, and thus service connection is granted.

The Board has remanded the case for readjudication due to new evidence submitted by the appellant, including unreimbursed medical expenses. The claim will be reconsidered and a Supplemental Statement of the Case (SSOC) will be provided.

The Board has determined that further development is needed to determine if the appellant's net worth exceeds the maximum annual limit for pension purposes and to clarify her income sources. The case is REMANDED for these actions.

The Veteran's representative has withdrawn the appeal for entitlement to special monthly compensation (SMC). The Board does not have jurisdiction to review this matter as it has been dismissed.