Other conditions decisions — 2019

The Veteran's claim for waiver of overpayment was denied as the creation of the debt was valid and recovery would not be against equity and good conscience. The Board found that the fault in creating the debt was entirely with the Veteran, and collection of the debt would not cause undue hardship to him.

The Board denied an earlier effective date for additional dependency benefits based on school attendance for the Veteran's son, A., as the claim was not timely filed within one year of his 18th birthday.

The Board dismissed the appeal as the overpayment of VA disability compensation benefits was waived, and there is no longer a case or controversy for the Board to adjudicate.

The Board has decided to remand the case due to conflicting evidence regarding whether the appellant was permanently incapable of self-support prior to turning 18 years old. The VA will obtain medical opinions to determine this.

The Board denied the overpayment of VA compensation benefits due to a retroactive removal of the Veteran's former spouse from his compensation benefit award, finding that the creation of the debt was proper and not solely due to administrative error.

The Veteran's claim for a higher rating of his right foot deformity is granted, effective March 5, 2008. The petition to reopen the issue of service connection for a brain aneurysm is granted.

The Board has remanded the case due to incomplete development for a total disability rating based on individual unemployability.

The Veteran's appeal for a rating in excess of 20 percent for residuals of fracture of the right radial head was denied. The Board also denied entitlement to TDIU.

The Board has decided to remand the cases of service connection for left and right foot conditions due to inadequate VA examination. The Veteran's claims will be reviewed again with new evidence.

The Veteran's basal cell carcinoma with actinic keratoses is being remanded for a VA examination to determine the nature and likely etiology of his condition, given its presumed herbicide exposure in Vietnam. The examiner must consider articles submitted by the Veteran referencing a study that found there to be a possible association between non-melanotic invasive skin cancer and Agent Orange exposure.

The Board has remanded the case due to insufficient consideration of GFR readings and the need for a new examination. The Veteran's right caliectasis disability is being reviewed again.

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

The Board denied service connection for schwannoma tumor, finding no evidence of a current disability and concluding that the benign nature of the tumor precludes presumptive service connection due to herbicide exposure.

The Board dismissed the appeals for an initial evaluation in excess of 70 percent for service-connected dysthymic disorder and for service connection for dysthymic disorder prior to September 12, 2011.

The Board found that the appellant's discharge from military service was dishonorable, constituting a bar for VA benefits. The appeal is denied.

The Veteran's esophageal cancer is related to in-service exposure to herbicide agents, and the Board has granted service connection for this condition. The Veteran also had a service-connected cause of death due to his esophageal cancer, which was found to be a principal cause of his death.

The Board has granted service connection for a polyarticular deformity of the right fifth finger, finding that it initially manifested in service and is related to an in-service wart removal. The Veteran's current condition persists despite previous treatment.

The Board denied the Veteran's claim for service connection of a bilateral foot disorder, finding that there was no evidence of chronic foot problems during or within one year after service and concluding that any current condition is not related to service.

The Board has determined that the service connection for CTS of the left hand was properly severed due to the appellant's discharge under conditions other than honorable, and thus not eligible for VA benefits.

The claim of service connection for a neck condition is being remanded due to new evidence submitted. The claim of service connection for reactive arthritis is also being remanded.