Other conditions decisions — 2018

The Veteran's death was not service-connected, and the appellant did not provide evidence of a pending claim for compensation or pension benefits at the time of her death. The Veteran died at home without any VA facility involvement.

The Board found that the overpayment of educational assistance benefits was against equity and good conscience, thus waiving recovery of $10,419.13.

The VA denied the appellant's claim for recognition as the Veteran's surviving spouse due to conflicting evidence regarding her previous marriage.

The Board denied the Veteran's claim for service connection for a right elbow condition, finding that his current diagnosis of right cubital tunnel syndrome is not related to an in-service injury or disease and is not aggravated by his service-connected cervical spondylosis.

The Veteran's back disability, specifically fracture, compression type, T4 and T5V, is currently rated at 20 percent. The Board found that the evidence did not support a higher rating as his range of motion was within normal limits with no ankylosis or incapacitating episodes.

The Veteran's service is not considered wartime, and therefore she does not meet the eligibility requirements for nonservice-connected pension benefits.

The Veteran withdrew his appeal for a TDIU, so the case is dismissed.

The Board has determined that the Veteran's right elbow lateral epicondylitis is related to his service, and thus grants service connection for this condition.

The Veteran's claim for compensation for left vocal cord paralysis resulting from a carotid endarterectomy is granted as the evidence shows that it was caused by VA medical treatment and not an unforeseeable event.

The Board has remanded the case to determine if the appellant filed a claim with SSA for surviving spouse benefits on an application form that meets the requirements of 38 C.F.R. § 3.153, and to secure any relevant documents.

The Board has remanded the case due to insufficient opinions regarding the etiology of the Veteran's diagnosed eye disabilities, specifically ptosis of the left eye lid, an epiretinal membrane, and cataracts. The VA examiner needs to provide a rationale for their opinions.

The Veteran's claim for a higher rating for his right knee condition is being remanded due to the need for a Decision Review Officer hearing.

The Veteran's daughter, D.L.W., is not considered a helpless child for VA benefits due to her age and employment status. The claim for accrued benefits was also denied.

The Board has remanded the case for a VA examination to determine the etiology of the Veteran's current right toe disability.

The Veteran's cause of death is related to his in-service exposure to herbicide agents, specifically the significant condition contributing to his death was atherosclerotic cardiovascular disease. Service connection for this cause of death is granted.

The Veteran's service-connected supraventricular arrhythmias (claimed as paroxysmal supraventricular tachycardia) is not manifested by more than four episodes per year of atrial fibrillation or other supraventricular tachycardia, which would warrant a higher rating. The Veteran's condition has remained consistent throughout the appeal period.

The Veteran's keloid scars of the left elbow and right forearm are not compensable as they do not meet the criteria for a higher rating under VA regulations.

The Board denied service connection for squamous cell carcinoma of the tongue/mouth, scars due to cancer treatment, loss of teeth, and loss of gums as there was no evidence that these conditions were related to the Veteran's military service.

The Board has reopened the Veteran's claims for service connection for right and left leg disabilities, skin disability, and neurogenic bladder disability. The claims are being remanded to obtain additional medical opinions regarding the nature and etiology of these conditions, as well as a new VA examination to determine their current severity.

The Board denied the Veteran's claim for service connection for chronic lymphoid leukemia, finding that there was no evidence of herbicide exposure during service and thus no basis to grant service connection based on Agent Orange. The Veteran's current diagnosis is not linked to his military service.