Other conditions Board decisions

The Board is remanding the case to address both the validity of the overpayment creation and the Veteran's request for waiver of recovery. The underlying issue of whether the overpayment was properly created will be adjudicated first.

The Board has determined that new and material evidence has not been received to reopen the claim of entitlement to service connection for residuals of a left arm injury. The Veteran's previous claims were denied due to lack of nexus between his current disability and in-service injury.

The Veteran's appeal is being remanded for a current VA examination due to the passage of time since his last evaluation and a private chiropractor's statement challenging the findings.

The Veteran's appeal for TDIU was dismissed due to his death.

The Board has remanded the case for further development, including obtaining updated VA treatment records and scheduling a new urology examination to assess the Veteran's current symptoms of urethral stricture. The claim will be reconsidered after these actions.

The Board has granted a waiver of the recovery of overpayment of VA education benefits in the amount of $6,592.19 due to financial hardship.

The Board has determined that the appellant does not have arthritis or residuals of hip replacements that are related to service, and therefore denied both claims.

The Board has granted DIC benefits based on the presumption of service connection for liver cancer, which is presumed to be due to exposure to Agent Orange during service.

The Board has remanded the case due to the need for additional development, including obtaining private medical records and a VA medical opinion regarding the Veteran's service connection claim for colon cancer.

The Veteran's right leg disabilities, including rhabdomyolysis, compartment syndrome, and foot drop, are not considered to be a result of VA treatment. The Board finds that the preponderance of evidence does not support a finding that these conditions were caused by VA care or treatment.

The Veteran's pseudarthrosis at L4/L5 and disc herniation above the level of fusion were caused by VA lumbar spine surgery in July 1978, which was not due to negligence or lack of proper skill on the part of VA. The Board found that a reasonable person would have proceeded with the surgery despite knowing about potential complications.

The Veteran's right hand fracture resulted in painful motion but did not meet the criteria for a higher rating. A 10 percent disability rating is granted effective February 25, 2013.

The Veteran's mood disorder is currently rated at 70 percent disabling, effective December 2006. The rating reflects significant occupational and social impairment.

The Board has determined that the Veteran's vision disability is a developmental defect for VA purposes and not a disease or injury, thus service connection is denied.

The Board has determined that the Veteran's liver disorder is at least as likely as not aggravated by his service-connected diabetes mellitus, and thus grants secondary service connection for the liver disorder.

The Veteran's application for enrollment in the VA healthcare system was previously denied. The claim must be remanded to obtain missing records and recalculate income, ensuring they exceed the income limitations.

The Veteran's claims for higher ratings for his chondrocalcinosis and arthritis of the left and right knees have been denied as there is no evidence showing that these conditions meet or approximate the criteria for a rating greater than 10 percent.

The Veteran's income for the year 2010 was below the threshold required to pay a copayment, thus he is eligible for treatment in the VA healthcare system without a co-payment requirement from January 10, 2011 to January 9, 2012.

The Veteran's postoperative recurrent inguinal hernia is currently rated as noncompensably disabling prior to June 22, 2007 and 10 percent disabling thereafter. The claim for a higher rating has been granted effective from June 22, 2007.

The Veteran's appeal has been withdrawn by the appellant, resulting in dismissal of her claim.