Other conditions Board decisions

The Board denied service connection for fatty tumors and a left arm disability, finding no current disabilities or evidence of in-service incurrence.

The Board has determined that the appellant's claims for service connection for the cause of the Veteran's death and entitlement to DIC under 38 U.S.C. § 1318 are inextricably intertwined, and therefore must be remanded.

The Board has reopened the Veteran's claim of service connection for a right eye disorder. However, due to insufficient evidence regarding the etiology and aggravation of his current condition, the case is being remanded for further development.

The Veteran's appeal is about the rating of his service-connected right nephrectomy. The VA has not provided a sufficient opinion regarding whether his urinary symptoms are related to this condition, and additional treatment records need to be obtained.

The Board finds that the Veteran's claimed eye disorder and head injury residuals are not service-connected as there is no evidence of a chronic condition in service or post-service continuity of symptoms. The current eye disorders, including cataracts, are not shown to be related to service.

The Board is remanding the case to determine if the appellant's service from September 21, 1946 to May 19, 1947 was under the New Philippine Scouts under Section 14 of Public Law 190, 79th Congress.

The Veteran's squamous cell carcinoma of the left soft palate and respiratory condition (including any cancer) are being remanded for additional development to determine their etiology, including as due to herbicide exposure.

The Board found that the Veteran's low back disorder did not have its onset during service, was not shown to be related to any in-service injury or disease, and is not otherwise related to his active service. The evidence does not support a finding of service connection for the Veteran's low back disorder.

The Veteran's claim for an initial compensable rating for his service-connected bilateral eye disability, including diplopia, is being remanded due to the need for additional development of his medical records and a reassessment of his condition.

The Veteran's drowsiness, fatigue, low energy, and problems focusing are not considered disabilities for which service connection may be granted.

The Veteran's back surgery necessitated convalescence through January 30, 2011. The Board granted an extension of the temporary total evaluation based on this need for convalescence.

The Board has determined that additional development is necessary to determine the creation and calculation of the Veteran's overpayment debt, including how much of his monthly benefit was withheld for prior VA overpayment debts.

The Veteran's cause of death is undetermined and unlikely to be resolved. The appeal is remanded due to the need for clarification regarding the Veteran's dependency status prior to his death.

The Board denied the Veteran's request for waiver of a debt in the amount of $5,783.47 due to the lack of timely receipt of the request.

The Board finds that the reduction of the evaluation for non-Hodgkin lymphoma from 100 percent to noncompensable effective September 1, 2011 was proper.

The Board denied the Veteran's claim for an effective date earlier than April 20, 2010 for the grant of Chapter 33, Post-9/11 GI Bill education benefits based on the law and regulations.

The Board found that the overpayment of $3,894.00 was validly created due to the Veteran's failure to notify VA of his divorce from his second spouse in October 1995. The Board denied a waiver of recovery as it determined there was no indication of fraud or bad faith on the part of the Veteran and that collection would not be against equity and good conscience.

The Veteran's appeal is remanded due to issues related to his character of discharge from service, which is inextricably intertwined with the issue on appeal. The case will be readjudicated after resolving this threshold matter.

The Veteran developed additional disability (an inferior result prosthesis and weight loss) as a result of VA treatment for an October 2005 left total knee arthroplasty, which did not meet the standard of care required.

The Veteran's skin disorder, including on his upper extremities and head, is found to have its onset during service and is related to his active duty. Service connection for this condition is granted.