Other conditions decisions — 2005

The Board denied service connection for left elbow tendonitis and multiple arthralgias, finding no current disability from these conditions.

The Board denied the veteran's claims for service connection for bilateral defective hearing and sublingual squamous cell carcinoma, finding no evidence of in-service hearing loss or cancer. The veteran's current conditions are not considered to be related to his military service.

The Board denied the veteran's claim for an effective date earlier than May 15, 1992, for non-service-connected disability pension benefits. The decision found that entitlement to such benefits was not shown prior to May 15, 1992.

The Board has remanded the case for additional development, including obtaining medical records and scheduling VA examinations to assess the veteran's current disabilities.

The veteran's appeal has been withdrawn by the appellant, and thus the case is dismissed.

The Board has granted a rating of 60 percent for post operative residuals involving the left arm and hand, effective from January 4, 1995. The case is remanded to obtain updated medical records and conduct a VA examination to determine the current severity of the veteran's disability.

The Board denied the veteran's claim for an increased rating for a scar as a residual of a left scrotal abscess due to Escherichia coli, finding that the evidence did not meet the criteria for a higher rating under either the old or new VA rating criteria.

The Board has determined that the veteran's neuroma-type pain, which is residual of a growth removal from her right shoulder during service, qualifies for service connection.

The Board denied the veteran's claims for service connection for ulcers and hiatal hernia, as well as his petition to reopen his claim of service connection for a low back disorder due to failure to report for scheduled VA examinations.

The veteran's service-connected fractured right distal fibula residuals were rated at 10 percent prior to December 22, 2004. The VA determined that the disability warranted a 20 percent rating effective from December 22, 2004.

The Board denied the veteran's claims for service connection for residuals of frozen feet and initial disability ratings higher than 10 percent for hallux valgus of both feet. The Board found no current disability related to cold injury during service, and concluded that the veteran's hallux valgus was not due to such exposure.

The veteran seeks service connection for a right leg disorder and compensation under 38 U.S.C.A. § 1151 for a right leg disorder allegedly resulting from VA medical treatment in March 2001. The case is being remanded to obtain additional evidence, including an examination of the veteran's current condition and whether his right leg disability is related to service or VA care.

The Board denied the veteran's claims for an increased evaluation of his service-connected stress fracture of the right hip and pelvis, finding that prior to June 1, 2002, the disability did not warrant a rating in excess of 20 percent. The reduction from 20 percent to 10 percent effective June 1, 2002 was also denied as proper.

The appeal is being remanded for further action, including scheduling a videoconference hearing.

The Board denied the appellant's request for a waiver of recovery of an overpayment of non-service-connected pension benefits in the amount of $16,447.00 due to fault on his part and lack of undue hardship.

The Board has determined that the veteran's testicular cancer is not service connected, as there was no evidence of exposure to herbicides or ionizing radiation in service and the condition did not manifest during service.

The Board denied the veteran's claim for a rating in excess of 20 percent for his service-connected thoracic spine strain with degenerative changes, finding that the condition did not show any measurable difference from the previous examination and there was no objective evidence to support worsening.

The veteran's malaria is inactive and asymptomatic, while his prostate adenocarcinoma has been reduced from a 60% to a 20% rating effective March 1, 2005. The claim for an increased rating for malaria was denied.

The Board granted a 10 percent disability rating for the veteran's service-connected skin disability, effective from May 23, 1992. The issue of service connection for anemia was not addressed as it is considered non-jurisdictional.

The veteran's entitlement to a higher evaluation for residuals of T-9 compression fracture is granted, with the effective date being January 29, 2001.