Other conditions decisions — 2018

The Veteran's adjustment disorder with depressed mood has resulted in occasional decrease in work efficiency and intermittent periods of inability to perform occupational tasks, warranting a 30 percent rating.

The Veteran's laryngeal and phrenic nerve injury resulting from the February 2010 carotid subclavian bypass surgery is not considered to be due to VA carelessness, negligence, or similar instance of fault.

The Board has determined that the Veteran does not have a current bilateral hand or foot disability related to cold weather exposure during service, and thus denied his claims for service connection.

The Board denied an initial compensable rating for nevi as the evidence did not show a characteristic of disfigurement or functional impairment, even considering flare-ups.

The Board has determined that the Veteran's current left arm disability is not related to his service, and therefore denied his claim for service connection.

The Board has determined that the Veteran's left hip strain disability does not warrant a rating in excess of 20 percent at any point during the period on appeal.

The Veteran's service-connected left hip disability is currently rated at 30 percent, but the Board has determined that a higher rating of 40 percent for limitation of flexion due to pain is warranted.,Additionally, separate ratings of 10 percent and 20 percent are assigned for limitation of extension and abduction, respectively.

The Board found that the Veteran's current right eye disorders are not related to his service, specifically the December 1979 boxing injury. The evidence does not support a finding of residuals from this in-service event.

The Veteran's appeal was dismissed due to his death, and the claim for waiver of overpayment is moot.

The Board denied the Veteran's claims for service connection for a chronic cough and bilateral knee pain, as well as increased ratings for his cervical spine and thoracolumbar spinal disabilities. The Veteran's chronic cough was not found to be related to service due to lack of evidence in STRs. His bilateral knee pain was attributed to patellofemoral syndrome, which the examiner opined may have had a service origin but could not be confirmed without speculation.

The Board has decided to remand the case for further development, including obtaining updated medical records and examination, as well as Social Security Administration disability benefits records. The Veteran's service-connected disabilities are expected to affect his ability to engage in sedentary work.

The Veteran withdrew his appeal before the Board could make a decision.

The Board has determined that the overpayment of $7008.00 is valid and has granted waiver of this amount.

The Veteran's claim for reimbursement or payment of medical expenses incurred at a private hospital on March 14, 2013 was denied due to the submission of multiple bills. The Board has determined that further development is needed as there are incomplete records and no VCAA notice was issued until after the denial.

The Veteran's appeal for service connection for right hand fungus has been dismissed due to his death.

The Board has decided to remand the case due to incomplete evidence, specifically medical records from Dr. WHG and Dr. CJW.

The Board denied the Veteran's request for a waiver of recovery of an overpayment of VA pension benefits in the amount of $51,047 due to fault on his part and lack of undue hardship. The decision is based on the fact that he did not report his Social Security income when applying for pension benefits.

The Veteran's active duty service was less than 3 years, and he did not meet the eligibility criteria for Chapter 30 (MGIB-AD) educational assistance benefits.

The Veteran's claim for service connection for malaria is denied as there is no current diagnosis of the condition.

The Veteran's urinary incontinence is not considered a qualifying additional disability under 38 U.S.C. § 1151 because it was caused by the September 25, 1995 radical prostatectomy and not due to carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault on the part of VA.