Other conditions Board decisions

The Veteran's tenosynovitis and sural neuralgia have been granted increased ratings, with the tenosynovitis rated at 10 percent and the sural neuralgia also rated at 10 percent.

The Veteran's request for a waiver of recovery of an overpayment in the amount of $5,013 was granted by the Board. The decision found no fault on the part of the Veteran and that recovery would be against equity and good conscience.

The Veteran's service-connected left Achilles tendon rupture did not meet the criteria for a temporary total evaluation based on convalescence due to treatment of his disability.

The Board dismissed the appeal as there is no longer a justiciable case or controversy due to the waiver of overpayment having already been granted.

The Veteran's appeal is being remanded for further development of his claims, including obtaining medical records and scheduling a VA examination to assess the severity of his gunshot wound and its residuals.

The Veteran's death pension claim based on the appellant being his surviving spouse has been denied as she was not married to him at the time of his death.

The Board found that the character of the Appellant's discharge from service is not a bar to VA benefits due to compelling circumstances at the time his prolonged AWOL began, including mental state issues related to combat experiences.

The Board denied the Veteran's claim for an earlier effective date for additional compensation based on his dependent children's school attendance, finding that the criteria were not met and that VA did not have a duty to provide further assistance or examination.

The Veteran withdrew his appeal for service connection of dermatitis during a hearing. The cases for right eye disorder and left hip disorder are remanded for additional development.

The Veteran does not have a current dental disability for which VA compensation benefits can be awarded, and there is no legal entitlement to service connection for a dental disorder except for the purpose of VA outpatient dental treatment.

The Board found that the Veteran's additional disabilities were not caused by VA carelessness, negligence, or fault. Therefore, compensation benefits under 38 U.S.C.A. § 1151 are denied.

The Board has determined that the Veteran's non-Hodgkin's lymphoma is not related to his period of active duty service and therefore denied his claim for service connection.

The Board denied the appellant's claim for non-service connected death pension benefits, finding that her income exceeded the maximum annual rate of improved death pension (MAPR) effective from February 1, 2011.

The Board denied the Veteran's request for waiver of overpayment of NSC pension benefits in the amount of $26,647.00 due to his untimely submission of a request.

The Board has determined that the Veteran's overpayment of VA NSC pension benefits was valid and not due to fraud, misrepresentation or bad faith. The creation of this overpayment was due to VA's failure to promptly terminate his pension benefits upon notification of his receipt of SSA income. As a result, repayment would cause financial hardship and defeat the purpose of the VA Pension program.

The Board has remanded the case for additional development due to the Veteran's in-service exposure to ionizing radiation and his cancer, which may be related under 38 C.F.R. § 3.311.

The Board has determined that the Veteran's current pleural plaques and diminished lung capacity are not shown to have been present in service or for many years thereafter, nor are they shown to be the result of his military service. Therefore, service connection is denied.

The Veteran's claims for service connection for right and left leg conditions have been granted. The effective dates of these grants are being determined based on when the Veteran first filed his original claim.

The Board has remanded the case due to scheduling issues for a hearing before the RO, and the appellant's desire for such.

The Board found no evidence to support the Veteran's claim that his bilateral fifth toe arthroplasties caused nerve damage and flu-like symptoms, concluding instead that these conditions were likely due to other factors such as lumbar radiculopathy and peripheral neuropathy.