Other conditions Board decisions

The Board denied the appellant's claim for basic eligibility to VA pension benefits as he did not render active military, naval, or air service in the Armed Forces of the United States.

The Board has determined that the Veteran's squamous cell carcinoma, left gingival, status post resection is related to presumed Agent Orange exposure during his service in Vietnam and grants this claim.

The Veteran's claims for service connection for eye and skin disabilities are being remanded due to the need for additional development, including obtaining personnel records and conducting VA examinations.

The Board has determined that additional development is necessary to determine the creation and calculation of the Veteran's overpayment debt, including clarification on how SSA benefits were factored into the calculations.

The Board found that VA correctly adjusted the Veteran's nonservice-connected pension benefits from April 1, 2009 and April 1, 2010. However, for the period January 1, 2010 to April 1, 2010, the monthly award amount was incorrectly calculated.

The Veteran is granted a 10 percent rating for his right hand injury with third metacarpo-phalangeal degenerative joint disease from December 17, 2010, to April 2, 2012. He is denied a higher initial rating after that date and service connection for carpal tunnel syndrome of the upper right extremity is granted.

The Board has remanded the case for further development due to insufficient medical records and need for a medical opinion regarding whether the Veteran's death was related to service.

The Board has determined that the Veteran's current right knee condition is not related to his active service, and thus denied his claim for service connection.

The appellant's son meets the criteria for death pension benefits as he served during a period of war and is not in the custody of his mother's surviving spouse. Their combined income did not exceed the maximum annual pension rate (MAPR) for 2009, allowing for the award of death pension.

The Veteran's disability evaluation for duodenal ulcer with esophageal reflux was reduced from 40 percent to 30 percent effective June 1, 2012. The Board found the reduction void ab initio and denied a higher rating.

The Board denied increased ratings for spinal stenosis and right and left lower extremity neurologic impairment, finding that the current ratings adequately reflect the Veteran's disability.

The Veteran's unauthorized medical expenses for emergency treatment of bladder obstruction on February 28, 2012 are granted as the criteria for payment under 38 U.S.C.A. § 1725 have been met.

The Board has determined that there is no current diagnosis of bone spurs in the bilateral feet, and thus cannot grant service connection for this condition.

The Board finds that the Veteran's residuals of a MRSA infection were not proximately due to or the result of VA carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault on the part of VA in furnishing reasonable care.

The Veteran's request for waiver of overpayment in the amount of $3,968.88 was timely filed and is being considered on the merits.

The Board has granted the Veteran's claims for service connection for low back disorder and fungus of the toenails, finding that these conditions are as likely as not related to his military service.

The Board has remanded the case for further development due to an inadequate medical opinion and additional evidence.

The Veteran's appeal for benefits under Chapter 33 (Post-9/11 GI Bill) was denied as he is not entitled to a benefit level in excess of 60 percent.

The Veteran has withdrawn her appeals regarding the issues of entitlement to an effective date prior to September 28, 2010, for the grant of service connection for a total hysterectomy and entitlement to TDIU. As such, these claims are dismissed.

The Board has remanded the case for further development to determine if the Veteran's service-connected major depressive disorder caused or aggravated his alcohol and cannabis dependence.