Other conditions Board decisions

The Board has remanded the case to the AOJ for review of the claim on the merits prior to any further appellate review.

The Veteran's overpayment of nonservice-connected pension benefits was created due to his incarceration, which he did not report promptly. The Board found that the Veteran contributed to the creation of the debt and thus repayment would be against equity and good conscience.

The Board has granted service connection for arthritis of the left arm and service connection for painful joints, including as due to a qualifying disability under 38 C.F.R. § 3.317 and degenerative arthritis other than arthritis of the back.

The Board has remanded the case due to inadequate compliance with a previous remand order. The Veteran's claim for service connection for a bilateral foot condition, including cold injury residuals and sores of the left foot, is now pending.

The Veteran's claim for service connection for congenital scoliosis has been reopened due to the submission of new and material evidence. The Board is now considering whether there was aggravation during service or if the condition preexisted service.

The Veteran's service-connected back disability has been evaluated as 10 percent disabling since July 2007. The VA examiner found that the Veteran's current range of motion is sufficient to meet the criteria for a 10 percent rating under DC 5237, with no additional limitation due to pain or other factors.

The Veteran's service-connected status post nephrectomy has not resulted in any additional kidney pathology or impairment, and thus a higher rating is denied.

The Veteran's varicose veins of the right lower extremity have been manifested by subjective pain, swelling, and cramping; persistent edema with stasis pigmentation without ulceration or massive board-like edema. The left lower extremity has shown no worse than subjective symptoms.,For both legs, the current manifestations do not meet the criteria for a higher rating under any applicable diagnostic code.

The Board has determined that the Veteran's death was caused by glioblastoma multiforme, a type of brain tumor. The cause of death is deemed to be service-connected as it occurred during his active duty in Vietnam and there are no other factors contributing to his death.

The Veteran's application for higher priority VA medical care benefits was denied because he did not have a service-connected disability and his income exceeded the geographic means test threshold.

The Veteran has a lung condition that is found to be due to his active duty service, and the Board grants service connection for this condition.

The Veteran's claim for an initial disability rating higher than 10 percent for a left eye disability is being remanded due to the need for additional VA treatment records and a contemporaneous medical evaluation.

The Veteran's appeal is being remanded due to the inadequacy of a previous VA examination, and he needs an additional examination to determine if his current left elbow conditions are related to service.

The Board has determined that new and material evidence has been presented to reopen the claim of entitlement to service connection for cysts on the back and neck. The Veteran must be afforded a VA examination in order to obtain an etiological opinion as to whether his currently diagnosed sebaceous cysts are related to active service.

The Veteran died due to respiratory failure and pneumonia, with methicillin-resistant staphylococcus aureus abscess listed as an 'other significant condition'. The appellant contends that service connection is warranted for the cause of death. However, at the time of her death, service connection was not in effect for any conditions.

The Veteran's appeal is being remanded for additional development, including new VA examinations and the provision of his VA treatment records.

The Veteran's appeal is being remanded due to the need for new VA examinations and additional medical records. Specifically, a VA examination is needed to determine the etiology of his basal cell carcinoma and atrial fibrillation, as well as to assess the current severity of his service-connected atrial fibrillation.

The Board finds that the Veteran's current left hand disorder is not related to his period of service or a service-connected disability, and thus does not meet the criteria for service connection.

The Board denied the Veteran's claims for service connection for recurrent right and left hip disorders, cervical spine disorder, thoracic spine disorder, right knee disorder, and left knee disorder. The issues of increased evaluations for right and left lower extremity radiculopathy were also not addressed in this decision.

The reduction of the Veteran's VA disability benefits to the 10 percent payment rate from March [redacted], 2010 through April [redacted], 2010 was not proper, and restoration of the benefits at the 70 percent rate is granted. The reduction of the Veteran's VA disability benefits to the 10 percent payment rate from April [redacted], 2010 through April [redacted], 2013 was proper.