Other conditions decisions — 2018

The Board found that the recoupment of VSP in the amount of $253,339.65 is valid and denied the appeal.

The Veteran's claim for service connection for peripheral vascular disease of the left lower extremity was granted with an effective date of June 2, 2006. The entitlement arose on January 9, 2007.

The Board found that the Veteran's additional cardiac disability was not caused or aggravated by the August 2009 VA catheterization procedure and subsequent cardiopulmonary bypass with CABG with reserve saphenous vein graft.

The Board found that the overpayment of VA benefits to the Veteran from September 2007 through September 2008 was valid and created, as his income exceeded the applicable Maximum Annual Pension Rate (MAPR).

The Veteran's fourth finger disability is not rated as compensable, and his fifth finger disability is not found to be related to service.

The Board has determined that the Veteran's service-connected PTSD did not cause or aggravate his right eye disability, including cataracts. The claim is denied.

The Veteran's death was caused by his acute myelogenous leukemia (AML), which the Board finds is related to his exposure to herbicide agents during service. The claim for service connection for AML is granted. However, the appellant does not qualify for DIC benefits under 38 U.S.C. § 1318 as she did not meet the criteria of continuous total disability rating prior to death.

The Board found that the Veteran's sebaceous cysts, which first appeared soon after service separation, are at least in equipoise with being related to in-service sun exposure. Therefore, service connection for these conditions is granted.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at Memorial Hospital of Gardena from January 31, 2007 to February 4, 2007 was denied because the Notice of Disagreement (NOD) filed in October 2009 was untimely.

The Board has decided to remand the case for additional development due to incomplete examination report and need to consider all theories of entitlement, including direct service connection.

The Board denied the Veteran's claims of service connection for Non-Hodgkin's lymphoma and Hodgkin's disease, as well as his request for an increased rating for tinnitus. The appeal seeking to reopen a claim for service connection for a psychiatric disability (PTSD) was dismissed due to lack of timely submission of a substantive appeal.

The Board has determined that there is not enough evidence to support a finding that the Veteran's chronic lymphocytic leukemia (CLL) was caused by his active service, including exposure to asbestos or other chemicals. The claim for service connection is therefore denied.

The Veteran's service connection claim for multiple myeloma is granted due to the disease being presumed by law and his participation in a radiation-risk activity during military service.

The Board has remanded the cases of left foot hallux valgus, right foot hallux valgus, and costochondritis for additional development. The Veteran's bilateral hallux valgus is being evaluated to determine if it is related to service or a service-connected condition. His costochondritis is also being evaluated for its relation to service.

The Board has remanded the case for additional development, including obtaining VA treatment records and scheduling a VA examination to determine if the Veteran's skin disorder of the feet and residuals of heat stroke are related to his service.

The Veteran's right hip DJD with limitation of flexion is currently rated at 10 percent, which is the maximum schedular rating available under Diagnostic Code 5252. The Board finds no basis to grant a higher rating for this condition.

The Board found that the Veteran's CVA and any related residuals were not incurred in active service, as there was no evidence of a chronic disease or injury during service. The Board also determined that the CVA did not have continuous symptoms since service.

The Veteran's appeal for a special home adaptation grant and specially adapted housing has been dismissed as he withdrew his appeal through his representative in September 2017.

The Board found that the appellant's income from Social Security Administration (SSA) benefits exceeded the maximum annual pension limit for payment of death pension benefits, and she did not provide evidence to substantiate that her unreimbursed medical expenses reduced her income below the maximum limit.

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