Other conditions Board decisions

The Veteran's appeal is being remanded for additional development, including an updated VA examination to assess the severity of his service-connected right hand disability.

The Board has determined that the appellant received overpayment of VA death pension due to her misrepresentation of income. The appeal is denied.

The Board determined that the Veteran's debt of $1,035.00 was valid due to an overpayment of VA compensation benefits for a dependent spouse from October 2009 to August 2011. However, it found no fault on the part of the Veteran and concluded that recovery would not be against equity and good conscience.

The Veteran's widow requested payment for unauthorized medical expenses incurred during her husband's treatment at King's Daughters Medical Center. However, as the Veteran died before a decision was made on this issue, the Board has no jurisdiction to adjudicate the case.

The Board has remanded the case for further development, including issuing a Statement of the Case (SOC) regarding nonservice-connected death pension and scheduling a VA examination to determine eligibility for aid and attendance or housebound benefits. The decision on the merits will be made after these actions are completed.

The appellant has withdrawn her appeal for recognition as the surviving spouse of the Veteran for purposes of VA death benefits, and thus the matter is dismissed.

The Veteran's claim for unauthorized medical expenses incurred during his November 26, 2009 hospitalization at Hamilton Medical Center was deemed timely and granted.

The Board denied the motion alleging clear and unmistakable error in a June 21, 2013 decision that determined new and material evidence had not been presented to reopen the claim of nonservice-connected pension benefits with special monthly pension. The Board found the issue was whether there was qualifying service for pension.

The Veteran's cause of death, metastases non-small cell due to carcinoma of the lung, is not service connected as there was no in-service event or disease. The Board found that the Veteran did not set foot in Vietnam and thus could not establish exposure to herbicide agents.

The Veteran's claim for a TDIU rating has been granted by the RO in an October 2014 decision, effective November 2014. As such, there is no longer a pending adverse determination to which the Board can adjudicate.

The Board has granted the Veteran's claim of service connection for a lung disability, with an initial rating of 30% effective from the date of the decision.

The Veteran's laryngeal cancer was not incurred or aggravated by service, and the Board finds that there is no link between his asbestos exposure during service and his current condition.

The Board found that the Veteran's stomach-related symptoms are associated with diagnosed conditions (IBS and GERD) rather than an undiagnosed illness, thus denying service connection.

The Board finds that the Veteran does not have a service-connected dental condition and therefore, his claim for service connection for a dental condition is denied.

The Board has remanded the case for further development and adjudication of claims including service connection for a cervical spine disability, increased ratings for pes planus and urinary tract infection disabilities, and to reopen service connection claims for psychiatric and knee disabilities. The uterine fibroid disorder claim will also be addressed with an etiology opinion from an appropriate VA physician.

The Veteran's claims for an increased rating for service-connected psychoneurosis, somatization disorder, with primary insomnia and for service connection for a gastrointestinal disability were denied. The claim for TDIU was also denied due to the Veteran's failure to report for a scheduled VA examination.

The Veteran is seeking compensation under 38 U.S.C.A. �1151 for shingles and its associated complications, which he claims resulted from VA treatment at a VAMC in March and June 2007. The appeal is being remanded to obtain additional records and provide an opinion on the cause of his condition.

The Board has granted the Veteran's claim to reopen his service connection for a fungus infection of the left fifth toe and has determined that he is entitled to service connection for a fungus infection of both feet. The decision also addresses the issue of service connection for the right second and fourth toes, but does not specify whether it was granted or denied.

The Veteran's request for waiver of overpayment of NSC pension benefits was denied because the recovery from him would not be against equity and good conscience.

The Veteran's claims are being remanded due to the need for additional VA examinations and the retrieval of outstanding medical records.