Other conditions decisions — 2018

The Veteran withdrew his appeal regarding the issue of a compensable rating prior to March 27, 2012 and in excess of 30 percent thereafter for service-connected rash.

The Board found that the overpayment of nonservice-connected pension benefits from October 1, 2008, to September 30, 2010, in the amount of $8,629.00 was validly created due to the Veteran's failure to report an increase in his wife's income.

The Veteran's appeal is being remanded to obtain additional service records and for a VA examination to determine the nature and etiology of his right hip disorder. He also filed a claim for a right knee disorder, which will be addressed separately.

The Veteran's death was not due to any service-connected condition, and the accrued benefits are denied as the Appellant is not an eligible beneficiary under VA regulations.

The Board denied the Veteran's claim to reopen his service connection for status post fracture right femur, one half inch shortening right leg, scoliosis, and pelvic tilt because no new and material evidence was submitted.

The Veteran's acquired psychiatric disability, specifically obsessive compulsive disorder, is found to have been aggravated by service and thus service connection is granted.

The Veteran's increased evaluation for panic disorder without agoraphobia was granted, with a rating of 70 percent effective March 24, 2017. The disability picture since that date has been characterized by occupational and social impairment with deficiencies in most areas.

The Veteran's claim for service connection for right foot drop is being remanded due to the need for additional medical opinions and development of records.

The Board has decided to remand the case due to insufficient evidence regarding the Veteran's claimed tremors, and a new examination is needed.

The Veteran's claim for an effective date earlier than October 11, 2012, for the grant of service connection for prostate cancer was denied as he did not meet all eligibility criteria for the liberalized benefit on the effective date of the law.

The Board has determined that the Veteran's current right foot disability is at least as likely as not related to his in-service right foot injury, and thus service connection for residuals of a right foot injury is granted.

The Veteran's daughter, the Appellant, does not meet the legal criteria to receive accrued benefits as she is not considered a child under VA regulations.

The Veteran's death was caused by service-connected colorectal cancer and related metastases, which are presumed to be due to Agent Orange exposure. The VA has granted the appellant's claim for burial benefits.

The Board has determined that alopecia, claimed as hair loss, was not incurred in or aggravated by service and is not related to a service-connected disability. The claim for service connection is denied.

The Board denied an earlier effective date for service connection for the Veteran's cause of death, finding that the presumption of regularity held and there was no clear evidence to rebut it. The Appellant did not receive a notification in 1980 indicating her husband's death was not due to a service-connected condition.

The Board denied the Veteran's claims for service connection for residuals of squamous cell carcinoma and basal cell carcinoma, finding no evidence of skin cancer in service or within one year following discharge from service.

The Board has determined that additional development is necessary to clarify the period of overpayment and whether it was recouped twice, before deciding the issue.

The Board has remanded the case due to incomplete service records and a need for a new VA examination to determine if the Veteran's PNH is related to his exposure to contaminated water at Camp Lejeune, including whether it falls under the presumptive conditions.

The Board denied the Veteran's claims of entitlement to VA compensation benefits under 38 U.S.C. § 1151 for multiple ischemic strokes with residual left-sided weakness and left inferior quadranopsia, finding that there was no evidence of carelessness, negligence, lack of proper skill, error in judgment or fault on part of the VA.

The Veteran and his representative have withdrawn their appeal regarding entitlement to total disability based on individual unemployability (TDIU). The Board has dismissed the appeal.