Other conditions decisions — 2018

The Veteran's claim for compensation under 38 U.S.C. § 1151 for Dupuytren's Contracture right (dominant) hand was denied as there is no evidence that the disability resulted from VA care or an event not reasonably foreseeable.

The Board has determined that the Veteran's heart disorder and basal cell carcinoma are not related to his service, including exposure to Agent Orange or ionizing radiation. As such, these claims for service connection have been denied.

The Veteran's residuals of right inguinal hernia repair are currently rated as noncompensable (0%) due to lack of urinary leakage.,Stress urinary incontinence is currently rated at 40% prior to October 27, 2017 and the Veteran does not meet criteria for a higher rating.

The Board has denied the appellant's claim of being recognized as the surviving spouse of the Veteran for VA death benefits due to a lack of continuous cohabitation prior to his death, and her acknowledgment of marital issues.

The Veteran's right knee disability, characterized by laxity of the collateral ligaments and arthritis, has been rated at 10 percent prior to September 19, 2017, and 40 percent thereafter. The claim for a higher rating for his right knee disability is denied. However, he was granted entitlement to total disability based on individual unemployability due to service-connected disabilities from the date of the decision.

The Board has remanded the case for further development, including obtaining SSA records and medical records from Riverside Community Hospital. The appellant's claim remains pending.

The Veteran's claim for a higher rating for verruca vulgaris was granted, with the condition covered less than 5% of his body and requiring no more than topical therapy during the past year. The issues of service connection for back disability, bilateral eye disability, and ulcers were also addressed.

The appeal has been withdrawn by the appellant before a decision was made.

The Board has denied the Veteran's claims for service connection for pes planus, gastroesophageal reflux disease (GERD), dementia with memory loss, and posttraumatic stress disorder (PTSD).

The Veteran's service during the period from June 2, 2007 to September 30, 2009 was considered a 'medical hold' and does not qualify him for Post-9/11 GI Bill educational benefits.

The appellant's representative withdrew the appeal of the denial of basic eligibility for nonservice-connected pension benefits.

The Veteran's appeal was dismissed due to his death during the pendency of the appeal.

The Veteran's hairy cell leukemia is considered a terminal diagnosis with high rates of recurrence. The Board finds the Veteran's statements and testimony regarding his exposure to chemical agents competent, credible, and probative. The evidence is in equipoise on whether the Veteran's hairy cell leukemia is etiologically related to chemical exposure during his active service.

The Board denied the Veteran's claim for service connection as his current lumbar spine disorders are considered congenital defects that pre-existed service and were not aggravated by any in-service injury or disease.

The Board denied the appellant's request for waiver of overpayment of VA educational benefits under the Montgomery GI Bill (MGIB) program, finding that the creation of the overpayment was due to bad faith on his part.

The Board found that squamous cell carcinoma of the right tonsillar fossa did not manifest in service or within one year of service and is not attributable to an in-service injury, event, or disease. The Veteran's claim for service connection was denied as there was no evidence linking his current condition to his military service.

The Board has determined that the Appellant's father did not have verified service as a member of the Philippine Commonwealth Army, including recognized guerrillas, in the service of the United States Armed Forces. Therefore, he lacks the requisite service to establish status as a 'veteran' and render him eligible for VA benefits.

The Veteran's income from January 1, 2015 was not accounted for in the calculation of his pension benefit, resulting in an insufficient award. The claim is denied.

The Board has remanded the case for further development, including a VA examination and medical opinion to determine if the Veteran's right leg disability is related to her service-connected right hip disability or is a separate condition.

The Board has determined that the Veteran fractured his coccyx in service and now has residual discomfort, warranting service connection for a fractured tailbone.