Other conditions decisions — 2018

The Board has ordered a new VA examination to determine if the Veteran's right great toe disability is related to his service-connected left great toe disability or if it was incurred during service. The decision will also address whether any aggravation of the pre-existing condition occurred.

The Veteran's service-connected right great toe gout was found to not warrant a higher rating prior to October 11, 2016. Since that date, the evidence does not support a rating in excess of 60 percent.

The Board has remanded the case due to the need for additional VA and private treatment records, as well as a possible new examination.

The Veteran's surviving spouse was denied death pension benefits as her income exceeded the maximum allowable amount.

The appeal is dismissed due to the Veteran's death.

The Board denied an apportionment of the Veteran's VA disability compensation benefits because the appellant has lived with another person and held herself out openly to be that person's spouse, without establishing she entered this relationship in good faith or reconciled with the Veteran.

The Board denied service connection for colon cancer and liver cancer, finding that the evidence did not support a link between these conditions and the Veteran's service or exposure to herbicide agents.

The Board found that the overpayment of VA compensation benefits for a dependent spouse was properly created due to administrative error, and denied the appeal.

The Veteran's flight training was approved as he had a valid medical certificate and the school verified his qualifications.

The Veteran's claim for a compensable rating for residuals of left thumb ligament strain injury is being remanded due to incomplete examination results.

The Veteran's claim for Post 9/11 GI Bill education benefits at a rate in excess of 60 percent is remanded due to unclear documentation regarding the initial award letter.

The Veteran's claim for an earlier effective date for the grant of service connection for non-Hodgkin's lymphoma is dismissed because he did not timely appeal the assigned effective date.

The Board has determined that the claims for increased ratings for service-connected chondromalacia and degenerative changes to left knee and right knee, as well as the issues of initial disability ratings in excess of 10 percent for service-connected right and left knee instability, and TDIU are not fully developed. The case is being remanded for further development.

The Veteran's discharge was upgraded from 'Under Honorable Conditions (General)' to 'Honorable' after a correction of her military record, allowing her eligibility for Post-9/11 GI Bill education benefits.

The Board denied the Veteran's request for a waiver of indebtedness due to an overpayment of $5,738.74 because the actions that created the debt (incarceration for a felony) were not attributable to VA fault and collection would not cause undue hardship.

The Board denied compensation under 38 U.S.C. § 1151 for urinary retention due to VA treatment, finding that the condition was not caused by carelessness, negligence, or similar fault on the part of VA.

The Veteran's service-connected enuresis prevents him from securing or following a substantially gainful occupation, meeting the criteria for a TDIU.

The Board has decided to remand the cases of service connection for left and right hip disorders due to insufficient medical evidence regarding their etiology. The Veteran's claims are being returned for further development, including obtaining information about a helicopter accident during his active duty.

The Veteran's request for waiver of overpayment of VRAP educational benefits was deemed timely filed due to the lack of proper notice. The case is being remanded for further adjudication.

The Veteran's cause of death, acute lymphocytic leukemia (ALL), is presumed to be due to service exposure at Camp Lejeune. The Board found that the condition was both service-connected and manifested post-service.