Other conditions decisions — 2018

The Veteran's claim for service connection for CAD with cardiomyopathy was granted in December 2012, effective December 4, 2012. The Board finds that an earlier effective date is not warranted due to the lack of a timely filed application prior to December 5, 2012.

The Veteran's request for a waiver of the overpayment of VA disability benefits is granted, considering that the fault lies with VA and not the Veteran. The decision also takes into account factors such as undue hardship and unjust enrichment.

The Veteran's appeal for retroactive VA compensation benefits for the period from April 1, 2013 to June 30, 2014 is dismissed as he has already been paid the full amount of $19,461.85.

The Board has determined that there is no evidence showing a relationship between the Veteran's skin rash and service, and thus denied the claim for service connection.

The Veteran's appeal was dismissed due to his death, and no rating decision has been issued for the post-operative bilateral inguinal hernia.

The Board dismissed the appeal due to the death of the appellant, as it has no jurisdiction to adjudicate the merits of this appeal at this time.

The Veteran's appeal has been dismissed due to their death.

The Veteran's claim for an effective date prior to September 28, 2015, for a 100 percent rating for aortic valve sclerosis is denied as it is not factually ascertainable that the Veteran met the criteria for such a rating at any time prior to September 28, 2015.

The Board has determined that the Veteran's death was not caused by his service-connected condition, and therefore denied the claim for service connection for cause of death.

The Board has been notified of the appellant's request for withdrawal of the appeal, and thus the appeal is dismissed.

The Veteran seeks service connection for multiple myeloma, claiming it is due to exposure to Agent Orange during his military service. The Board finds that further development is needed to verify the extent of herbicide exposure and to obtain an opinion on whether the Veteran's current condition is related to such exposure.

The Board has remanded the case for additional examination and opinion to determine if the Veteran's Burkitt's lymphoma and toxic myopathy are related to his in-service exposure to beryllium, jet fuel, and other toxic chemicals. The appeal is currently in remand status.

The Board has determined that the Appellant is not entitled to reimbursement for nursing home expenses from accrued benefits owed to her mother's VA death pension.

The Veteran's lobectomy of the right upper lobe residuals were not rated higher than 30 percent, as his pulmonary function tests did not meet criteria for a higher rating.,The Veteran's long thoracic nerve disability was granted a 20% rating based on severe incomplete paralysis.

The Board has granted service connection for a prostate disorder and assigned initial ratings for several other disabilities. The Veteran's claim for service connection for the prostate disorder is based on in-service ACDUTRA, but there is no indication of any aggravation or worsening during service.

The Veteran's claims for service connection for a right leg disability and gastrointestinal disability (other than hiatal hernia and gastroesophageal reflux disease) were denied. The Board found no current diagnosis of a right leg disability, and the addendum opinion did not address whether the abortion procedure was linked to diverticulitis or colonic polyps.

The Board has reopened the claim of service connection for scoliosis and spina bifida of the lumbar spine due to new evidence showing aggravation during service. The Veteran's current diagnosis is not a congenital defect, but rather a disease that may have been aggravated by service. Service connection for a left ankle disorder was denied.

The Board found that the withholding of DIC benefits to offset an overpayment and creation of debt was proper, as it did not cause any financial hardship for the appellant.

The Board has remanded the case for additional development, including scheduling a VA examination to address the nature and etiology of any current respiratory disability. The Veteran's claim will be readjudicated after this development.

The Board has ordered a new VA examination to determine if the Veteran has any jaw and/or facial disability that existed during his period of service, and whether it is at least as likely as not caused by an in-service incident. The case will be remanded for this purpose.