Other conditions decisions — 2005

The Board has reopened the claims for service connection for abnormal sperm count and infertility, as well as a skin disability to include as due to exposure to Agent Orange. However, the circulatory disorder and numbness claims remain denied.

The Board has remanded the veteran's claims for service connection due to insufficient evidence and need for further examination.

The VA denied an increased rating for chondromalacia patella of the right knee, currently rated as 10 percent disabling.

The Board has remanded the case due to incomplete VCAA notice and need for state law assessment regarding common law marriage.

The VA granted service connection for cyclothymia and assigned a 30 percent disability rating effective from January 1, 2002.

The veteran's appeal was not timely filed, and the April 2000 determination reducing his VA disability compensation benefits due to incarceration is final.

The veteran's service-connected left inguinal hernia is found to be the cause of his current impotence, and he is granted service connection for this condition. The issue of an increased rating for the left inguinal hernia remains pending.

The Board found that the veteran's pre-existing endometriosis did not worsen during service, and thus denied her claim for service connection.

The veteran's claim for an increased rating for impetigo between the toes, bilateral was denied. The RO found that his condition did not meet the criteria for a higher rating under the applicable VA Schedule for Rating Disabilities.

The Board has determined that the reduction of the veteran's disability compensation to the 10% rate, effective June 17, 2001, due to incarceration was not proper under the provisions of 38 U.S.C.A. § 5313 (West 2002). The case is being remanded for further action.

The Board found that the veteran did not engage in combat with the enemy and could not establish a service connection for post-traumatic stress disorder based on personal assault, as he provided insufficient evidence to corroborate his claims. The claim was denied.

The Board denied service connection for hearing loss, tinnitus, and loss of vision as secondary to malaria. The veteran's claim for increased compensation based on dependency of A.B., claimed as his common law spouse from 1993 to 2004, was also denied.

The Board denied the appellant's request for waiver of recovery of a $4,144.00 overpayment in his VA nonservice-connected disability pension benefits due to bad faith.

The VA did not find that the veteran's death was caused by any fault on the part of VA in providing care, treatment or examination. The Board found no evidence to support a finding that the veteran's aggressive cancer could have been treated differently if diagnosed earlier.

The veteran's countable annual income exceeds the maximum limit for receiving improved pension benefits, and his claim is denied.

The Board has ordered additional development due to the need to verify the veteran's claimed stressors and determine if he meets the criteria for service connection for post-traumatic stress disorder.

The Board has determined that the veteran's claim for an effective date prior to August 8, 1995 for compensation pursuant to 38 U.S.C.A. § 1151 for persecutory type delusional disorder is denied.

The Board found that the appellant's cardiovascular disability preexisted his period of active duty for training and did not increase in severity during such service. Therefore, the claim for service connection was denied.

The veteran's daughter is not eligible for Dependents’ Educational Assistance (DEA) benefits as her father is alive, not on active duty, and not rated permanently and totally disabled due to service-connected disability.

The Board determined that the veteran's adjusted delimiting date for educational assistance benefits under Chapter 30, Title 38, United States Code is December 25, 2003, and denied her claim.