Other conditions decisions — 2005

The veteran's appeal is being remanded for additional development and consideration of his claims, including the TDIU claim.

The veteran's separation pay was properly recouped from his VA disability compensation, as required by law.

The Board has granted a 40 percent evaluation for the veteran's postoperative acromioclavicular joint separation of the right shoulder, effective from November 1994. The temporary total evaluation under 38 C.F.R. § 4.30 based on a period of convalescence following surgery in January 1998 is denied.

The Board has granted a 30 percent evaluation for the service-connected asthma effective June 17, 1996. The veteran's right hip avascular necrosis is rated at 20 percent and his low back disability remains at 20 percent.

The veteran's right index and middle finger open dorsal metacarpophalangeal joint dislocation, with right radial digital nerve neuropraxia, are currently evaluated as 10 percent disabling. The appeal is granted.

The Board has remanded the case due to failure to provide proper VCAA notice and because of an outstanding hearing request. The veteran's claim for service connection for arthritis, claimed as due to cold exposure, is being returned to the RO for further action.

The Board found that the veteran did not suffer additional disability as a result of surgery performed at a VA facility in April 1999 and denied compensation benefits under 38 U.S.C.A. § 1151.

The Board has granted service connection for memory loss due to an undiagnosed illness, but denied service connection for hair loss as it is hereditary.

The Board has decided to remand the case for further development, including obtaining medical records and scheduling a VA examination.

The Board finds that the veteran's diffuse degenerative joint disease is related to his active service, including a high-dose penicillin treatment for a ruptured pilonidal cyst in 1951. The Board grants the claim.

The Board has remanded the case due to insufficient evidence regarding the cause of the veteran's death and whether his service-connected left leg disorder contributed to it. The RO is instructed to obtain any relevant police or ambulance reports, seek a new opinion from a VA physician on this issue, and then review the claim.

The VA determined that the veteran's lung disability, manifested by pulmonary function test results of FEV-1 of 99 percent, FVC of 95 percent, and a 93 percent DLCO, does not meet the criteria for a compensable evaluation.

The veteran's April 2002 spiral and pilon fracture of the left tibia and fibula is not related to his service-connected chip fracture and avulsion of the distal left tibia, which occurred during service in September 1963.

The Board has determined that the veteran's left varicocele warrants a compensable (20%) rating based on current symptoms, including increased testicular pain and other genitourinary symptomatology.

The Board denied the veteran's claim for service connection for chronic myelogenous leukemia, finding that there was no evidence of exposure to ionizing radiation during service and thus denying his claim.

The Board denied the appellant's claim for basic eligibility for VA benefits due to a lack of service as a member of the Philippine Commonwealth Army, including recognized guerrillas, in the service of the United States Armed Forces. The decision is based on the certification from the National Personnel Records Center (NPRC).

The veteran's TDIU claim is denied as there is no evidence of an earlier formal or informal claim for increase. The effective date for the TDIU rating is July 6, 1998.

The Board has denied the veteran's request for waiver of recovery of an overpayment of disability compensation benefits, finding that there was no indication of fraud, misrepresentation or bad faith on his part. The case is being remanded to determine if any administrative error led to the creation of the overpayment.

The Board denied the veteran's claims for service connection of a prostate disability and an effective date prior to June 1, 1993 for the grant of a 30 percent evaluation for absent right testicle, non-functioning left testicle, secondary to carcinoma. The veteran was not granted service connection for his prostate disability as it did not manifest during or after active duty service. For the absence of right testicle and left testicle condition, the Board found that an effective date prior to June 1, 1993 is not warranted due to lack of evidence showing a factual increase in disability within one year preceding the claim.

The veteran's respiratory disability, characterized as bronchiectasis, has been rated at 30 percent since December 22, 1951. The current rating remains unchanged.