Other conditions decisions — 2005

The Board denied the veteran's claims of service connection for various conditions, including infections, multiple muscle and joint pains, spinal cord abnormalities, nervous system abnormalities, and a skin rash. The appeal was also denied regarding entitlement to a permanent and total disability evaluation for pension purposes.

The Board has determined that the veteran's deviated nasal septum began during her active duty for training and grants service connection for this condition.

The Board found that the veteran's left leg disability was not aggravated by service and granted service connection for it.

The veteran sustained additional disability involving residuals of a cerebrovascular accident, including paralysis of the right lower extremity, as a result of a VA left carotid endarterectomy in November 2001. The Board finds that this was not reasonably foreseeable and grants compensation under 38 U.S.C.A. § 1151.

The Board denied the appellant's request for waiver of recovery of an overpayment of improved death pension benefits in the calculated amount of $6,234 due to bad faith.

The Board denied the veteran's claim for service connection for a skin condition, as secondary to exposure to herbicides, finding no evidence of such a condition during his lifetime and thus denying accrued benefits.

The Board denied the veteran's claims for increased evaluations for her right hip disorder, finding that there was no evidence of more than mild disability prior to January 27, 2005 and insufficient evidence for a higher evaluation after that date.

The veteran's claim for an initial rating in excess of 30 percent for a bilateral heel disability is being remanded due to the need for additional development, including obtaining medical records and scheduling a VA examination.

The Board denied the veteran's claim for an increased evaluation for his left lateral medial meniscal tear, currently rated at 20 percent disabling.

The Board denied the veteran's claim for service connection for rectal cancer as a result of exposure to herbicides, including Agent Orange. The examiner found no relationship between the veteran's current rectal cancer and his military service or any potential herbicide exposure.

The Board denied the veteran's claims for increased evaluations for service-connected bilateral inguinal hernia and tonsillectomy residuals, finding that there was no evidence of recurrence or current symptoms.

The RO is instructed to obtain all relevant medical records from various facilities and provide the appellant with a current authorization form for obtaining these records. The case will be re-adjudicated after this development.

The Board has ordered a new VA examination to address the veteran's claim for service connection for residuals of a back injury, which he contends was incurred prior to his military service and aggravated during service. The examiner will assess whether any currently manifested back disorder is etiologically related to the pre-service injury in 1953.

The Board has remanded the case to the RO for further adjudication as a claim for accrued benefits. The appellant needs to provide evidence of her application and receipt of accrued benefits.

The Board has determined that new and material evidence has been received to reopen the veteran's claim of service connection for visual impairment due to histoplasmosis. The case is remanded for further development.

The Board denied the veteran's claim for service connection for the cause of his death, finding that liver cancer was not incurred in or as a result of active service.

The veteran's overpayment of $1,685 was partially waived in March 2002. In April 2003, the Committee reinstated the full amount due to the veteran engaging in bad faith. The Board found that recovery would not be against equity and good conscience.

The veteran's congenital retractile testes did not increase in severity during service, and his infertility is a result of the condition. The Board denied service connection for these conditions as they are secondary to the pre-existing condition.

The veteran is seeking compensation under 38 U.S.C.A. § 1151 for blindness of the right eye resulting from VA treatment, but his claim has been remanded due to incomplete medical records and a need for further examination.

The Board has remanded the case for additional development, including obtaining service medical records and scheduling a VA examination. The veteran's claims for higher ratings and service connection are pending.