Other conditions decisions — 2005

The appellant is not entitled to benefits as a child of a Vietnam veteran born with spina bifida because the veteran did not serve in the Republic of Vietnam.

The Board found that the veteran's failure to report changes in his family income and provide requested information resulted in a $6,828 overpayment of pension benefits. The Committee on Waivers and Compromises granted the waiver of recovery due to the veteran's fault in creating the debt.

The Board has decided to remand the case for further development, including obtaining service medical and personnel records, as well as VA treatment records. The veteran's claim for PTSD will be reconsidered based on this additional information.

The Board has determined that the appellant's congenital anus deformity is not a recognized disability for VA compensation purposes and thus cannot be service connected.

The veteran's appeal is being remanded for a Travel Board hearing. The case will be returned to the Board after the hearing.

The veteran's residuals of a compression fracture at L3-L4 are currently rated 20 percent disabling, which is the maximum schedular rating available under the old and new criteria. The veteran's bilateral high frequency hearing loss is currently rated noncompensable.

The Board denied the appellant's request for a waiver of overpayment of VA death pension benefits, finding that recovery would not be against equity and good conscience.

The Board granted service connection for residuals of a compression fracture of L4 with degenerative changes at L3 to L5, effective from July 2, 1996. The veteran's claim was reopened due to new and material evidence received from the service department.

The Board has confirmed the current rating of 10 percent for bilateral defective hearing, which is currently in effect since April 10, 2000. The preponderance of evidence does not support a higher rating.

The VA denied service connection for cardiovascular disease, concluding that the condition was not related to military service.

The veteran's appeal is remanded to the RO for further development, including a VA examination and compliance with previous Board of Veterans' Appeals (Board) orders. The case will be returned to the Board for readjudication if benefits remain denied.

The Board has denied the veteran's claims for service connection for hyperkeratosis of the skin and a disability manifested by a low sperm count, both of which are presumed to be due to herbicide exposure. The evidence does not support a finding that either condition is related to military service or any event thereof.

The Board has remanded the case to allow for a more comprehensive evaluation of the veteran's right shoulder disability, including detailed findings regarding any additional loss in range of motion due to pain or other factors.

The VA determined that the veteran's lung disability was not caused by VA medical treatment, as his condition existed prior to and continued after the treatment.

The Board has determined that the veteran's liver disease is not proximately due to or the result of his service-connected bronchial asthma.

The Board has denied the veteran's claim for a compensable rating for his service-connected prostatitis, finding that there is no evidence of symptomatology warranting such a rating under VA regulations.

The Board denied the veteran's claims for service connection for a fungal infection of the hands and feet, as well as his increased rating claim for residuals of a gunshot wound of the left little finger. The compensable evaluation claim for scar, residual of a shell fragment wound of the left flank was also denied.

The Board found that the veteran's skin condition, while present during service, did not meet the criteria for chronicity and was not shown to be related to service. As a result, the claim for service connection for a chronic skin disorder is denied.

The VA has granted a 10 percent evaluation for pulmonary emphysema effective May 25, 2005. The veteran's disability did not warrant any higher rating prior to that date.

The veteran's appeal is being remanded for additional development, including a VA examination to evaluate the severity of her service-connected residuals of excision of a thyroglossal cyst with history of spine accessory nerve damage and a VA scars examination. The case will be returned to the Board after this development.