Other conditions decisions — 2018

The Board found that the appellant's character of discharge was due to willful and persistent misconduct, not insanity. As a result, his discharge is considered dishonorable for VA purposes.

The Board found that the appellant's hallux valgus of the left foot, with hammertoes and fusion, did not meet the criteria for a disability rating in excess of 30 percent.

The Veteran requested to withdraw his appeal, and the Board has dismissed the case as a result.

The Veteran's bilateral hip strain is being remanded for a VA medical opinion to determine if it is at least as likely as not caused or aggravated by his service-connected lumbar disability.

The Board has determined that the Veteran's left leg condition is not related to his military service and therefore denied his claim for service connection.

The Board denied the Veteran's claim for an extension of a temporary total rating beyond March 31, 2015 due to her right sesamoid fracture with great toe degenerative changes.

The Board found that the Veteran's esophageal cancer was not incurred in service and may not be presumed to have been so incurred.

The Veteran's left ulnar nerve neuritis was found to have manifested within one year of service, meeting the criteria for presumptive service connection.

The Board has remanded the case due to the need for additional medical records from Roosevelt Roads Naval Station. The DIC benefits claim will be reconsidered based on this new information.

The Board found that the appellant is not recognized as the Veteran's surviving spouse for the purposes of receiving VA death benefits due to lack of a valid marriage and insufficient evidence supporting a common law marriage. The claim was denied.

The Board has determined that the Veteran's residuals of a right pelvis stress fracture do not warrant a compensable rating as there is no evidence showing flexion limited to or more than 45 degrees.

The Veteran has withdrawn his appeals for service connection for loss of grip strength and general arthritis, as well as an increased rating claim for a lumbosacral strain disability.

The Board has granted the Veteran's claims for service connection for bilateral knee and ankle disorders, but dismissed the remaining issues as they have been fully addressed by the previous decisions.

The Board has determined that the Appellant and the Veteran did not continuously cohabitate from the date of marriage to the date of the Veteran's death, thus denying recognition as the surviving spouse.

The Veteran's hematoma following a cardiac catheterization surgery in September 2009 is not considered to be due to VA carelessness, negligence, or fault. The hematoma was deemed an expected risk of the procedure and proper steps were taken by VA to diagnose and treat it.

The Board has determined that the overpayment of $11,168 was properly created due to the Veteran's failure to report his divorce and remarriage. The decision also found that recovery of this debt would not be against equity and good conscience.

The Board has determined that the Veteran's ulcerative colitis preexisted his service and was not aggravated by it, thus denying service connection.

The Board has granted service connection for the cause of the Veteran's death, finding that new and material evidence supports a claim previously denied. The appellant was recognized as the proper substitute appellant for his deceased mother's (J.B.) appeal.

The Board denied the appellant's claim for nonservice-connected death pension benefits as her husband did not have qualifying service that met the requirements for basic eligibility for VA death benefits.

The Veteran requested to withdraw his appeal for a total disability rating based upon unemployability (TDIU). The Board has dismissed the appeal as a result.