Other conditions Board decisions

The Board has determined that the appellant can be recognized as the Veteran's surviving spouse for purposes of receiving VA nonservice-connected death pension benefits, despite her filing a divorce petition prior to the Veteran's death. The decision is based on evidence showing no fault on the part of the appellant in the separation and her desire to remain married.

The Board determined that the Veteran's right hip disorder, which resulted in prosthetic replacement of the joint, was not incurred or aggravated by service and is not related to any service-connected disability.

The Board finds that the Veteran does not have a diagnosed skin disorder, including PCT, and thus service connection for a skin disorder is denied.

The Board has decided to remand the case for additional development, including obtaining VA and private treatment records, scheduling a new VA dental examination, and readjudicating the claim.

The Board previously denied service connection for cause of death, but a remand was ordered due to the Court's finding that there is evidence suggesting radiation exposure may have caused the Veteran's aortic stenosis and other conditions.

The Board found that the overpayment of $27,698.00 was properly created due to unreported income from February 1, 1989 and a duplicate payment made on February 27, 2009. The recovery of this amount is not against equity and good conscience.

The Board has remanded the case for further development, including obtaining medical records from the Jefferson County Hospital in Fairfield, Iowa. The appeal is now pending again with the RO.

The Board found no evidence of a current chronic sinus disability and thus denied the Veteran's claim for service connection.

The Veteran's claim for an earlier effective date for the award of a 50 percent rating for chronic hidrosadenitis is denied as it goes against the law. The Board found that service connection was already granted from the day following his discharge, and thus any request for an earlier effective date would be denied.

The Veteran's appeal is remanded due to the need for additional development, including obtaining VA treatment records and scheduling a VA examination. The case will be returned for formal adjudication of both TDIU and service connection issues.

The Board found that the Veteran's eye disorder, diagnosed as exotropia and heterotropia, did not occur or worsen during service. The condition was present prior to service and is considered a congenital disease rather than a defect.

The Veteran's bilateral hip disorder is being remanded for a VA examination to determine if it was caused or aggravated by his service-connected back disability. The issue of whether the hip disorder can be granted on a direct basis remains unresolved.

The Board found that the Veteran's hiatal hernia did not meet the criteria for a higher initial disability rating in excess of 10 percent, as it was not manifested by symptoms such as persistent epigastric distress with dysphagia, pyrosis, and regurgitation accompanied by substernal or arm/shoulder pain.

The Board has determined that the Veteran is entitled to a waiver of recovery for overpayment of non-service-connected pension benefits in the amount of $25,794.00 due to VA's administrative error and undue hardship caused by his fugitive felon status.

The Veteran's appeal is for higher ratings for his service-connected residuals of adenocarcinoma of the prostate. The claim has been remanded due to a need for additional VA compensation examination and treatment records.

The Board denied the Veteran's application to reopen his previously denied claim of service connection for back pain with arthritis, finding that no new and material evidence had been submitted showing that this condition occurred in or was caused by service.

The Veteran's myalgia of the lower extremities is not considered to be proximately due to VA care, and thus compensation under 38 U.S.C.A. § 1151 for this condition is denied.

The Board has determined that the Veteran does not have a prostate disability or residuals of heat exhaustion related to his service, and therefore denied both claims.

The appellant's representative withdrew the appeal for entitlement to death pension.

The Veteran is seeking service connection for a myeloproliferative disorder, which she claims was caused by in-service exposure to hazardous chemicals. The Board has ordered additional development of her case, including obtaining personnel records and scheduling an examination.