Other conditions decisions — 2018

The Board found that the Veteran's right testicle disability is not related to his service-connected appendectomy and residuals, and thus denied his claim for service connection.

The Veteran's appeal includes a claim of CUE in the March 1998 rating decision that denied service connection for pes cavus, bilateral foot deformity and metatarsalgia. The case is being remanded to adjudicate this issue before further action can be taken.

The Board has remanded the case for further notice and development due to inadequate notice under 38 U.S.C. § 5103 (2012) and 38 C.F.R. § 3.159 (2017).

The Veteran's request for a waiver of his overpayment was received more than 180 days after the April 4, 2010 letter advising him of the amount and right to dispute. The Board found no evidence of error by VA or postal authorities resulting in delayed receipt.

The Board has decided to remand the case for a VA medical opinion regarding whether the Veteran's service-connected back disability contributed to his death from congestive heart failure.

The Veteran seeks compensation benefits under 38 U.S.C. § 1151 for the residuals of a stroke that he contends occurred as the result of an error during surgery provided by VA-employed surgeon at a non-VA facility in December 2010.

The Veteran's claim for an earlier effective date for dependency benefits is denied as the Board lacks legal authority to award such a benefit due to the lack of timely notification from the Veteran.

The Veteran's claims for service connection and increased ratings have been denied. The Board found that the evidence did not support a finding of service connection or an increase in disability rating.

The Board denied the Veteran's request for a waiver of overpayment of non-service-connected pension benefits, finding that the debt was valid and that the Veteran had not met the criteria for waiver due to lack of fault in creating the debt.

The Board denied the reopening of the claim for service connection for discoid lupus erythematosus as new and material evidence was not received, and there is no current manifestation of the condition.

The Veteran's skin disability, including lipomas and abscesses, is being remanded for additional development as the previous VA examinations did not address these issues. The case will be reviewed again after the additional development.

The Veteran's death was caused by acute myelogenous leukemia, which is presumed to have been caused by his exposure to Agent Orange during service in the Republic of Vietnam. The Board granted service connection for the cause of the Veteran's death.

The Board denied the Veteran's request for a waiver of recovery of overpayment of pension benefits in the amount of $76,756.00 due to no indication of fraud, misrepresentation, or bad faith on his part and because repayment would not violate the standard of equity and good conscience.

The Veteran's appeal has been dismissed due to their passing away, and the Board does not have jurisdiction to proceed with the case.

The Veteran's appeal is being remanded for additional development, including a VA examination to assess the current severity of his service-connected left eye disability and whether his right eye disorder is secondary to his left eye disability. Updated VA treatment records are also needed.

The Veteran's claim for VA vocational rehabilitation benefits was denied due to the lack of a feasible evaluation by a Functional Capacity Examiner (FCE). The Board has ordered additional development, including an FCE and obtaining records from the January 2017 meetings with the RO Assistant Director and Vocational Rehabilitation and Employment Officer.

The Veteran's service-connected left thigh injury with muscle loss and degenerative joint disease of the left hip is currently rated at 50 percent, which is the maximum schedular rating available. The Board has also granted a TDIU based on the severity of his service-connected disabilities.

The Veteran's current diagnosis of adenocarcinoma of the prostate, stage IV, was not incurred in or aggravated by service and is not related to any disease or injury during service. The Board found that there was no evidence of herbicide exposure as claimed.

The Veteran's claim for a compensable evaluation for his healed fracture of the distal phalanx of the right middle finger was denied by the Board. The evidence did not show ankylosis or limitation of motion that would warrant a compensable rating.

The Board denied the Veteran's claim for service connection for adenocarcinoma of the stomach, to include as due to Agent Orange exposure, finding that there was no evidence of a diagnosis within one year of discharge and no causal relationship between the condition and herbicide exposure.