Other conditions Board decisions

The Board has granted the Veteran's request for waiver of recovery of an overpayment of VA nonservice-connected disability pension benefits, in the calculated amount of $19,140.00.

The Veteran asserts that he is entitled to an effective date for TDIU earlier than March 13, 2012, and the case is being remanded for a determination under the provisions of 38 C.F.R. § 4.16(b).

The Board has remanded the case for further development, including providing notice regarding service connection based on periods of ACDUTRA or INACDUTRA in the National Guard and scheduling a VA examination to determine the nature and etiology of any left hand disability. The Veteran's liver disease claim does not require additional examination at this time.

The Board has determined that the Veteran's right inguinal hernia is related to his service-connected left inguinal hernia and grants service connection for this condition.

The Veteran's net worth is considered to be sufficient to meet his basic needs, and therefore he does not qualify for nonservice-connected pension benefits at this time.

The Veteran's death was caused by complications from a VA surgical procedure, specifically an esophagectomy. The Board finds that the event of his death (death due to sepsis and pneumonia) was not reasonably foreseeable given the known risks associated with abdominal surgery.

The Veteran's basal cell carcinoma was not shown to be related to service, including any claimed exposure. The Board found no evidence of a current disability or chronicity in service and denied the claim.

The Veteran's claims for a compensable rating for his mandible fracture and service connection for his head injury resulting from an automobile accident in 1968 were denied. The Veteran had residuals of the head injury, but there was no evidence of a current disability related to this incident.

The Veteran's appeal is being remanded for further proceedings, including the need for additional VA examinations and consideration of all pertinent evidence.

The Board found that the Veteran's current respiratory disorder is not related to his in-service episode of pneumonia, and thus denied service connection for a chronic respiratory disorder.

The Board has remanded the case for further action due to concerns about the appellant's employment relationship with a law firm and potential conflicts of interest.

The Board has determined that the Veteran's urinary frequency disorder did not have its onset in service and is not otherwise causally connected to active service. The preponderance of evidence shows no nexus between his current condition and his military service.

The Board has determined that the Veteran's right inguinal hernia does not meet or approximate the criteria for a disability rating higher than the currently assigned 30 percent.

The Veteran's hiatal hernia is manifested by persistently recurrent epigastric distress with pyrosis, reflux, and regurgitation, accompanied by substernal pain, and productive of considerable impairment of health. The criteria for a higher initial rating of 30 percent are met.

The Board has determined that the Veteran's claim for service connection for residuals of a right hip shrapnel wound cannot be granted as there is no medical evidence to support his assertion of retained shrapnel, and the preponderance of the evidence shows degenerative arthritis in both hips due to post-service occupational activities.

The Board denied the appellant's claim for reimbursement of unauthorized medical expenses incurred at Memorial Hospital on December 19, 2010 and December 20, 2010 due to lack of prior authorization from VA and because the treatment was not related to a service-connected disability or a nonservice-connected condition associated with aggravating a service-connected disability.

The Veteran's left hand disability was not incurred in or aggravated by active service and is not proximately due to or the result of a service-connected disability.

The Board found that the evidence did not support a direct link between the Veteran's Lambert-Eaton Myasthenic Syndrome and his period of service, including exposure to herbicides. The claim was denied.

The Veteran's appeal of the denial of entitlement to waiver of recovery of overpayment of VA education benefits in the amount of $3,000 was dismissed as he did not file a substantive appeal within the required time frame.

The Board has ordered a new VA examination to determine the nature and likely etiology of the Veteran's claimed left hip disorder, including whether it is related to service-connected conditions or other factors.