Other conditions decisions — 2005

The veteran's claim for an increased evaluation for his left inguinal hernia with residual pain is being remanded to the RO for further consideration.

The Board denied the veteran's claim for service connection for cystic fibrosis, finding that there was no evidence of a pre-existing condition and that any current symptoms were not aggravated by military service.

The Board denied the veteran's claims for an increased rating for his service-connected laceration puncture wound of the right thigh and denied service connection for tinnitus.

The Board has determined that the veteran's adenocarcinoma of the lung is related to asbestos exposure during service and grants the claim for service connection.

The Board found that the veteran's heart condition was not caused by VA treatment, and thus denied his claim under 38 U.S.C.A. § 1151.

The Board found that the veteran's insurance settlement proceeds, which constituted countable income for VA purposes, exceeded the maximum allowable pension rate and thus reduced his NSC pension benefits effective September 1, 1998.

The Board denied the veteran's claim for service connection for residuals of a back injury, specifically a bulging disc at L4-L5. The evidence indicated that the veteran had a preexisting condition prior to his periods of active duty for training and National Guard service.

The Board denied the veteran's claims for increased ratings for his service-connected residuals of fracture of the right tibia and fibula, and residuals of a left elbow injury. The RO had previously awarded these disabilities with 10% evaluations.

The veteran's current bilateral eye disability, manifested by hypertensive retinopathy, is considered to be proximately due to or the result of his service-connected hypertension.

The Board has determined that recovery of the overpayment of VA improved pension benefits in the amount of $11,914 is against equity and good conscience due to the veteran's financial hardship.

The Board found that the veteran does not have myofascial pain syndrome and denied his claim for service connection.

The veteran's vocational rehabilitation program was completed, but he failed to cooperate with employment placement efforts. The RO denied his claim for additional vocational rehabilitation benefits.

The Board denied increased disability ratings for the veteran's service-connected varicose veins, peritoneal adhesions, and Group XIX muscle injury. The evidence did not show the presence of stasis pigmentation or eczema associated with the varicose veins, which is required for a higher rating.

The Board has remanded the case for additional development, including obtaining terminal medical records and a death certificate listing the actual cause of the veteran's death. The claim will be re-adjudicated in light of all relevant evidence.

The Board has determined that the veteran does not have a separate and distinct chronic sleep disorder, and his current sleep disturbances are secondary to his service-connected anterior chest wall pain syndrome. The claim for service connection for a chronic sleep disorder is denied.

The Board denied a rating in excess of 10 percent for the service-connected status post right inguinal hernia repair with nerve entrapment, finding that there was no evidence of recurrence of an inguinal hernia and that the current level of disability did not warrant a higher evaluation.

The Board has granted service connection for scoliosis, finding that the veteran's pre-existing scoliosis was aggravated by his military service.

The veteran and his spouse are living together, making it unclear if the veteran is providing financial assistance to their son. The Board finds that an apportionment of the veteran's pension benefits is not warranted due to this living arrangement.

The Board found no evidence linking the veteran's skin rash to his service or any undiagnosed illness, and thus denied the claim.

The Board has granted service connection for right ear Eustachian tube dysfunction and a bilateral patellofemoral pain syndrome, but denied service connection for a mass/cyst on the right testicle. The veteran's bilateral knee disability is currently evaluated as 10 percent disabling.