Other conditions Board decisions

The Veteran's claim for dependent pay for his son, P.S., from May [REDACTED], 2009 to September 4, 2012 was denied as VA did not receive evidence demonstrating that P.S. pursued a course of study at an approved educational institution within the required timeframes.

The Board denied the Veteran's claim for service connection for residuals of a jammed left ring finger, finding no current disability and insufficient evidence to establish a link between the in-service injury and any present symptoms.

The Board denied the Veteran's claim for service connection for pancytopenia and myelodysplastic syndrome, finding that there was no reasonable possibility that these conditions were caused by exposure to ionizing radiation during service.

The Board denied the Veteran's claim for service connection for an eye disability, finding that refractive error is not a compensable disability and there was no current diagnosis of an eye disability other than farsightedness.

The Board dismissed the appeal because the Veteran's waiver of overpayment was granted in full, and there is no remaining allegation of error of fact or law for appellate consideration.

The Board has remanded the Veteran's claims for service connection and increased rating for residuals of a left little finger injury, as well as his request for extraschedular consideration. The case is now pending further development.

The Board has granted the Veteran's claim for service connection for bilateral metatarsalgia, finding that his current condition is related to his active duty service. The respiratory disability claim was denied as there is no evidence of a disease listed under presumptive diseases and the preponderance of the evidence does not support a relationship with service, including herbicide agent exposure.

The appeal was dismissed due to the appellant's death, and no jurisdiction remains for further action.

The Board has ordered a remand for further examination and opinion regarding the Veteran's meningioma, which is likely related to exposure to chemicals in service. The current VA medical opinion was inadequate as it did not address all chemical exposures listed.

The Veteran's service-connected patellofemoral pain syndrome and degenerative changes in the left knee are granted. Ratings of 20 percent for lumbar degenerative changes with narrowing of L5-S1, radiculopathy of the right lower extremity, and radiculopathy of the left lower extremity are also granted.

The Board has decided that more development is necessary before the service connection claim for residuals of vasectomy, to include pain and swelling, can be adjudicated. The Veteran's testimony indicates he experienced scrotal pain and swelling since his in-service vasectomy performed in December 1995. The Board finds an addendum opinion from a urologist is necessary.

The Board has determined that the Veteran's pension benefits were properly terminated for the period from February 1, 2008 to January 31, 2009 and reduced to $548 per month for the period from February 1, 2010 to January 31, 2011 due to unreported income.

The Board denied service connection for Peripheral Vascular Disease (PVD) as it was not incurred in or aggravated by service, and there is no evidence of herbicide exposure. The Veteran's claim was based on direct service connection.

The Board has determined that the Veteran's back disability, which included spondylolysis and Scheuermann’s Disease, existed prior to his active duty service. The evidence does not show any aggravation of these conditions during service, and thus, service connection is denied.

The Veteran's income exceeded the maximum annual pension rate, so he is not eligible for nonservice-connected pension.

The Board has granted an increase in the apportionment amount to 20 percent of the Veteran's VA disability benefits, which is within a reasonable range as per VA regulations.

The Veteran's spinal injury and nerve damage are not deemed to be caused by VA medical treatment, thus the claim for compensation under 38 U.S.C. § 1151 is denied.

The Board has determined that the AOJ's decision regarding the creation and validity of the Veteran's overpayment debt is flawed due to oversight in adjusting the amount based on certain components, and thus remands the case for further action.

The Veteran's overpayment of additional VA compensation benefits for his spouse was denied as the fault lay with him, and recovery would not be against equity and good conscience.

The Veteran's claim for payment of additional accrued benefits is being remanded due to procedural errors. The appellant needs to be determined as a proper party to substitute for the Veteran, and the merits of the SMP benefits claim for the one-year period prior to April 2017 on the basis of liberalized legislation will need to be adjudicated.