Other conditions Board decisions

The Board has decided to remand the case due to a potential error in creating the overpayment debt, and will need to address whether the termination of pension benefits was proper.

The Veteran's degenerative disease of the right foot is granted a rating of 20 percent from November 28, 2018 to March 5, 2020. The Veteran's residuals of a spiral fracture of the right distal fibula are denied more than 20 percent.

The Veteran's appeal is remanded to determine if there was clear and unmistakable error in the May 1991 rating decision that did not assign a separate rating for osteomyelitis, and whether he should be granted a separate rating under Diagnostic Code 5000.

The Board has remanded the claims for service connection for upper extremity nerve disabilities, including peripheral neuropathy (PN), due to exposure to herbicides. The Veteran's current upper extremity nerve disabilities will be evaluated and any etiology opinions provided.

The Board denied initial ratings in excess of 10 percent for right knee arthritis and instability, finding the evidence did not support more than slight limitation of motion or instability.

The Board has referred the Veteran's claim for revision of the October 1997 administrative decision to the RO for consideration in a rating decision. The matter is being remanded due to procedural issues with how the issue was addressed by the RO.

The Veteran's overpayment of VA compensation benefits was denied as recovery would not be against equity and good conscience.

The Board denied service connection for hypopharynx cancer, finding that the condition did not manifest within one year of discharge and was not related to service or exposure to herbicide agents.

The Veteran's request for a waiver of recovery of an overpayment in the amount of $11,159.40 for Post-9/11 GI Bill benefits was found to be timely filed and is now being remanded for further adjudication.

The Board has decided to remand the Veteran's claim for a chest injury as additional development is needed, including obtaining SSA records and private treatment records.

The Veteran's step-son, T.L., is seeking recognition as the helpless child of the Veteran due to permanent incapacity for self-support prior to reaching 18 years old. The appeal requires additional development including proper notice and obtaining SSA records related to T.L.

The Board has decided that the Veteran's myasthenia gravis should be remanded for further consideration, as there is new evidence submitted by the Veteran and VA. The case will be returned to the RO for review.

The Veteran has been granted compensation under 38 U.S.C. § 1151 for additional disability arising from November 2012 through January 2013 VA medical treatment and surgical procedures, as his complications were due to VA's failure to timely diagnose the cause of his blood loss.

The Board has remanded the claims for right hand injury residuals and right elbow disability due to incomplete medical opinions provided by a VA-contract physician. The Veteran's reports of current symptoms are considered probative evidence, and additional addendum opinions from another physician are needed.

The Board has determined that the Veteran's transient ischemic attack (TIA) did not have its onset in service or is otherwise related to an in-service event, injury, or disease. As such, the claim for service connection for TIA is denied.

The Board denied service connection for a cardiovascular disorder and ventricular tachycardia and nonobstructive coronary artery disease (CAD) as the evidence did not support direct service connection or any of the presumptive service connection criteria.

The Board has granted service connection for the Veteran's right hip disability, finding that it is proximately due to or the result of his service-connected chronic lower back strain.

The Veteran and the appellant were divorced on February 18, 2014. As a result, the appellant is not entitled to an apportionment of the Veteran's VA benefits as his spouse effective from that date.

The appeal for TDIU benefits from August 31, 2010 to February 27, 2013 is dismissed due to the Veteran's death.

The Board denied the Veteran's spouse's request for an increased apportionment of VA compensation benefits, finding that any increase would cause undue hardship on the Veteran.