Other conditions decisions — 2001

The VA denied an increased evaluation for postoperative dislocation and traumatic arthritis of the left shoulder, currently rated as 10 percent disabling.

The Board denied an increased rating for the veteran's service-connected undifferentiated somatoform disorder with claustrophobia, finding that her symptoms did not warrant a higher evaluation.

The veteran's skin disorder, diagnosed as telangiectasis, is related to her period of service and the Board has granted service connection for this condition.

The VA denied an initial evaluation in excess of 20 percent for residuals of adenocarcinoma, status post radical prostatectomy.

The Board has determined that new and material evidence has not been submitted to reopen the claim of entitlement to service connection for residuals of a left orchiectomy. The case is being remanded for further development, including obtaining Social Security Administration records and other relevant medical records.

The Board found that the veteran's daughter was diagnosed with systemic lupus at age 16 and had a flare-up of her disorder. The evidence did not establish she became permanently incapable of self-support prior to her 18th birthday.

The Board denied the veteran's request for a waiver of recovery of a loan guaranty indebtedness in the amount of $11,808.25 plus accrued interest due to his fault in creating the debt and because collection would not subject him to undue economic hardship.

The Board found that the appellant does not meet the criteria for recognition as a child for purposes of entitlement to DIC benefits, and thus denied his claim.

The Board denied the veteran's request for waiver of recovery of his U.S. Department of Veterans Affairs (VA) home loan guaranty indebtedness, reducing it from $21,874.92 to $14,449.92 due to a foreclosure sale and determined that the debt was validly incurred.

The Board denied the claim for service connection for the cause of the veteran's death, finding that his leukemia did not result from exposure to ionizing radiation during service and was not caused by or contributed substantially to his death.

The Board has granted the veteran's claim for service connection for muscle, nerve, and bowel disorders as secondary to a service-connected ventral hernia repair.

The Board denied the veteran's attempt to reopen his claim for service connection for a tic syndrome, torticollis. The evidence submitted since the March 1991 RO decision does not provide new and material evidence to support reopening of the claim.

The Board finds that the veteran's degenerative joint disease and herniated nucleus pulposus at C6-7, requiring post-service anterior cervical diskectomy, were incurred in service. A temporary total evaluation based on a need for convalescence following surgery is also granted.

The veteran's claimed conditions were not found to be related to his military service, including Gulf War service.

The veteran's child does not have spina bifida, which is a requirement for the monetary allowance under 38 U.S.C.A. § 1805.

The Board has remanded the case to the RO for further development, including obtaining VA and private treatment records, scheduling an examination, and reviewing the claims file.

The VA has granted an increased rating to 30 percent for the veteran's postoperative residuals of a right hand injury with tendon rupture, which is currently manifested by weakness and pain with repetitive, continuous grasping; essentially full range of motion; and no significant neurological findings or scar symptomatology.

The veteran's HNP with compression of L5 nerve root and status post hemilaminectomy and microdiscectomy is currently rated at 20 percent, which reflects moderate functional impairment. The veteran's peptic ulcer disease with gastritis and reflux has been assigned a compensable evaluation.

The Board found that the veteran's service-connected residuals of a fracture of the left medial malleolus with bone graft do not meet the criteria for a rating in excess of 20 percent.

The Board has remanded the case due to incomplete development of evidence regarding the veteran's claimed asbestos exposure during service. The RO is instructed to contact the Department of the Air Force and Navy Medical Liaison Office for information about any potential asbestos exposure, and to pursue further development as necessary.