Other conditions decisions — 2001

The VA has granted the veteran an initial 10 percent rating for postoperative biopsy of both testicles, effective since July 1999. The condition is rated under Diagnostic Code 7525 for chronic epididymo-orchitis.

The Board denied the veteran's claims for service connection for bilateral forearm nodular fasciitis, bilateral forearm pain secondary to tightening of tendons, and residuals status post node excision of the right forearm. The reasons given were that there was no current medical diagnosis supporting any presence of these conditions, and that the veteran did not have a chronic disability resulting from an injury or disease in service.

The Board has determined that the veteran's Achilles tendonitis is encapsulated in the award of service connection for Reiter's Syndrome, and thus the appeal is dismissed.

The Board has remanded the case for further development due to new evidence and procedural issues.

The Board denied the appellant's claims for an increased rating for impotence and SMC based on loss of use of a creative organ, as well as his request for an effective date prior to June 10, 1996. The appeal was dismissed due to failure to meet the one-year filing requirement after submitting an informal claim at a hearing in 1995.

The Board has granted the waiver of recovery for the veteran's home loan indebtedness, finding that withholding compensation to recoup this debt would defeat the purpose of the benefit and result in financial hardship.

The Board has remanded the case due to a change in the law and the need for additional development, including notifying the veteran of relevant regulations and providing Dr. Blaustein with these provisions.

The Board finds that the veteran's injury to a retained metallic fragment in his left neck area during service is as likely as not incurred or aggravated by such service, and grants service connection for this condition.

The Board denied the veteran's claim for service connection for arthritis of multiple joints as there was no current objective evidence of arthritis in any joint and the clinical findings on examination did not demonstrate that the veteran had arthritis.

The veteran's application for Service Disabled Veterans' Insurance (RH) was denied because it was not filed within the required one-year period following his service connection award, and he did not demonstrate mental incompetence during that time.

The veteran's service-connected disabilities, which include right and left frozen hand and foot residuals, are found to be so severe as to render him unemployable. The Board grants a total rating for compensation purposes based on individual unemployability.

The Board has determined that the veteran's posterior vitreous detachment of the left eye, manifested by floaters, was incurred during military service and is therefore granted service connection.

The Board found that the veteran's post-service left hemiparesis due to a cerebrovascular accident (CVA) was not incurred in or aggravated by service, and denied his claim for service connection.

The Board has granted a 10 percent evaluation for the veteran's right tibial plateau fracture with laxity of the collateral ligaments and traumatic arthritis, finding that these conditions are not more than compensable under the applicable rating criteria.

The veteran's claim for a higher initial rating for his low back condition was granted, with the effective date set at September 14, 1954.

The veteran argued that the October 1947 rating decision incorrectly applied the law to his case, resulting in a failure to grant service connection for osteomyelitis and assign a separate disability rating. The Board found no clear and unmistakable error.

The Board found that the veteran's appeal was not timely filed, as it did not meet the requirements of being received within 60 days from the Statement of the Case or within one year from the date of the rating decision.

The Board has found that the veteran filed a timely claim for waiver of an overpayment of pension benefits, and thus the issue is now addressed by the RO in the first instance.

The veteran's appeal is about the severity of his service-connected rib fracture and related conditions. The VA needs to conduct further medical examinations and review additional records before making a decision on his increased rating claim.

The appellant is seeking retroactive Dependents' Educational Assistance benefits under Chapter 35, Title 38, United States Code. The RO has denied the claim due to a one-year delay in submitting enrollment certification. The case is being remanded for further action considering recent changes in law and regulations.