Other conditions decisions — 2020

The Veteran's request for a waiver of recovery of the overpayment of VA compensation benefits in the amount of $39,212.36 is accepted as timely and the appeal is remanded to determine if the waiver should be granted.

The Veteran withdrew their appeal before the Board could make a decision, so the case is dismissed.

The Board denied service connection for a dental disability as there was no evidence of loss of substance of the body of the maxilla or mandible due to in-service trauma or disease.

The Board denied the Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at Seven Rivers Regional Medical Center on November 17, 2014. The decision states that VA facilities were feasibly available and that there was no emergency condition warranting immediate treatment.

The Board has remanded the Veteran's claims for bilateral hand disorder, bilateral foot disorder, and back disability due to new evidence and inconsistencies in the medical records. The issues of propriety of separate ratings for LLE and RLE radiculopathy are also being addressed as they are related to the increased rating claim.

The Veteran is appealing an overpayment of VA compensation benefits. The Board has decided to remand the case for further review, specifically regarding whether the overpayment was properly created.

The Board has decided that the creation of an overpayment of VA benefits in the amount of $13,790 was valid and remanded for further action. The issue is currently pending as it is intertwined with another appeal.

The Board denied the Veteran's claim for service connection for residuals of a right index finger injury, finding that there was no evidence of an in-service injury and insufficient medical opinion to establish a nexus between his current disability and military service.

The Board has decided to remand the claim for service connection for lipoma, as it is unclear whether the condition arose during or due to service. The Veteran's lipomas were diagnosed in 1999 and he served in Vietnam.

The Veteran's divorce from the appellant occurred in December 1986, which is prior to his death in February 2011. Therefore, the appellant cannot be recognized as the surviving spouse for VA death benefits purposes.

The Board has decided that the Veteran's claims for service connection for a right-hand disability and dental disability need further examination and evidence, as remanded.

The Board has decided to remand the case due to insufficient verification of the Appellant's military service. The claim will be reopened as new and material evidence has been received, but further search for records is needed.

The Board found that the Veteran's discharge under other than honorable conditions (OTH) for his second period of service was due to an offense involving moral turpitude, thus constituting a bar to VA benefits.

The Veteran's application to reopen his claim for service connection of a cardiovascular disorder is granted. The Board has ordered additional development, including obtaining JSRRC records and verifying the Veteran's exposure to herbicides while stationed at Camp Page in Korea.

The Board has decided that the Veteran's claim for service connection for a gastrointestinal disorder, to include ulcerative colitis, needs more information and is therefore being sent back for further review.

The Board denied a rating in excess of the current evaluation of 10 percent for the service-connected partial amputation of the distal phalanx of the right middle finger, finding that the evidence did not support a higher rating based on Diagnostic Code 5154.

The Board denied the Veteran's claims for service connection for pancreatitis, including as secondary to his service-connected ulcerative colitis disability. The decision found that there was no current disability and insufficient evidence of a disability at any point during the claim period or shortly before.

The Board denied DIC benefits because the appellant is not the surviving spouse of the Veteran, and therefore does not meet the basic eligibility requirements for DIC.

The Veteran's claim for service connection for chronic lymphocytic leukemia, including as due to exposure to herbicides, is being remanded for further development.

The Veteran's ratings for right and left shin splints have been denied as there is no evidence of nonunion or malunion of the tibia and fibula, which are required for a higher rating under DCs 5262.