Other conditions Board decisions

The Board has determined that the Veteran's failure to report his income did not constitute fraud, misrepresentation or bad faith. The overpayment of pension benefits is therefore not precluded by these factors. However, the case is remanded for consideration under the standard of equity and good conscience.

The Board has remanded the case due to inadequate examination regarding the nature and etiology of the Veteran's claimed heart conditions, including whether they are related to his service-connected PTSD.

A 40 percent rating is granted for the Veteran's left Muscle Group XI injury disability, effective from September 14, 2015.

The Veteran's recurrent hiatal hernia is granted compensation under 38 U.S.C. § 1151 due to post-operative treatment at VA Puget Sound Health Care System, which worsened his gastrointestinal conditions.

Your TDIU claim is dismissed as the Veteran has already received the benefit sought and there remains no error of fact or law for the Board to address.

The Veteran's chronic adjustment disorder is granted a 100 percent disability rating from June 1, 2011. The issue of TDIU is dismissed as the grant of a 100 percent disability rating makes the TDIU moot.

The Board has denied the Veteran's claim for service connection of his right foot condition, finding that there is no evidence linking his current disabilities to active service.

The Board denied the Veteran's request for an earlier effective date for dependency benefits for his dependents M. P. and C. P., finding that no communication of record from the Veteran was sufficient to establish entitlement prior to April 26, 2005.

The Board denied the appellant's claim for VA survivor's pension benefits because her income exceeded the maximum annual pension rate, making her ineligible for the benefit.

The Veteran's claims for a higher rating for gout and TDIU are being remanded due to the need for additional examinations and information.

The Board denied the Veteran's claim for service connection for a heart valve condition, finding that there was no evidence of a diagnosed heart valve condition during service or within one year of separation. The examiner also considered the Veteran's functional heart murmur and found it less likely than not related to his current heart valve disorder.

The Board denied the Veteran's claim for service connection for residuals of a head injury, finding that there was no evidence to support a current disability related to his in-service head injury and noting conflicting medical opinions regarding the relationship between his stroke and military service.

The Board denied service connection for basal cell carcinoma, finding no direct evidence linking the condition to Agent Orange exposure or any other in-service event.

The Board denied service connection for the cause of the Veteran's death, finding that there was no evidence to support a link between in-service herbicide exposure and the Veteran's glioblastoma primary brain tumor.

The Board has decided to remand the case due to inadequate medical opinions regarding the Veteran's right thigh disability. The Veteran will need a new VA examination and an addendum opinion to determine the appropriate disability rating.

The Board has remanded the case due to inadequate medical opinion regarding whether the Veteran's brain disability, including dementia, is related to his service. The VA examiner needs to provide an addendum opinion addressing the relationship between the Veteran’s diagnoses and his service.

The Board has remanded the Veteran's claims of service connection for skin conditions of his feet, bilateral hearing loss disability, and left knee disability due to lack of current VA treatment records and need for additional examinations.

The Veteran's claim for a compensable rating for his service-connected right-hand arthritis, affecting the third metacarpophalangeal joint was denied as x-ray evidence did not show involvement of two or more major joints or minor joint groups. The preponderance of the evidence reflects that the criteria for a compensable rating have not been met.

The Board has decided to remand the case due to insufficient evidence regarding the Veteran's cholangiocarcinoma and its relation to service, specifically exposure to Dioxin and liver flukes. The Veteran needs a VA examination to determine if his cancer is related to his military service.

The Veteran's adult daughter, M.C., is seeking recognition as his 'helpless child' due to her permanent incapacity for self-support prior to turning 18. The Board has ordered additional records from treatment providers and educational institutions to determine if she was receiving special education services.