Other conditions decisions — 2005

The Board found that the veteran does not have a current respiratory disorder and that any such condition is not related to service, including exposure to asbestos. Therefore, service connection for a respiratory disorder due to asbestos exposure during service was denied.

The Board denied service connection for pharyngitis, lung restriction, joint pain and arthralgia, leg pain, disequilibrium, night sweats, and prostatitis with groin pain. Service connection was granted for peptic ulcer disease.

The Board has determined that new and material evidence has been submitted to reopen the claim for VA benefits based on the character of the appellant's discharge. The case will be remanded for further development, including obtaining service medical records.

The Board denied the veteran's claims for compensation benefits under 38 U.S.C.A. § 1151 for pulmonary fibrosis and an increased rating for his service-connected unstable sternum, post CABG with continued complaints of pain.

The veteran's appeal is being remanded for further development, including a VA examination to assess the current severity of his service-connected residuals of a gunshot wound to the right forearm.

The veteran's service-connected reflex sympathetic dystrophy with loss of use of the right (major) hand does not render him unable to obtain and retain substantially gainful employment.

The veteran's residuals of a left foot fracture are currently rated as 10 percent disabling, and the Board finds that this rating is appropriate given his current symptoms and examination findings.

The Board has granted an initial 20 percent evaluation for the veteran's degenerative joint disease of the lower thoracic spine, finding that it meets the criteria for this rating under the revised VA Schedule for Rating Disabilities.

The VA denied the veteran's claims for higher ratings for postoperative residuals of a right toe medial hallux with foot widening and postoperative residuals of a left bunionectomy and lateral hallux, both rated at 10 percent.

The veteran's appeal for a total disability rating based on individual unemployability due to service-connected disorders has been dismissed because the veteran died during the pendency of the appeal.

The Board has determined that the veteran does not have cardiomyopathy or bunions that are related to his military service.

The veteran is not entitled to payment of compensation at the monthly rate of $2,163 prior to December 1, 2001.

The Board denied the veteran's request for waiver of recovery of an overpayment of VA improved pension benefits in the amount of $5,448 due to his fault in failing to report all income promptly. The decision found that recovery would not result in undue financial hardship and would not defeat the purpose of the benefit.

The veteran is seeking compensation under 38 U.S.C.A. § 1151 for pain and numbness from the right side of his face down to the foot allegedly resulting from VA recommended physical therapy traction treatment in December 2001. The case has been remanded due to deficiencies in VCAA notice, need for additional medical records, and an additional VA examination.

The veteran's claim for vocational rehabilitation benefits was denied because he did not complete the required initial evaluation, which is a prerequisite to receiving these benefits.

The Board found that the termination of the veteran's nonservice-connected pension benefits effective July 1, 2000, based on excessive income was proper.

The Board found that the veteran's degenerative joint disease of the lumbosacral spine did not meet or approximate the criteria for a rating in excess of 20 percent, as there was no evidence of severe intervertebral disc syndrome (IDS), listing of whole spine to opposite side, loss of lateral motion with osteoarthritic changes, or some of the above with abnormal mobility on forced motion. The veteran's left leg radiculopathy is separately rated at 20 percent.

The veteran's service-connected residuals of fractures of the right 2nd and 3rd metatarsals are manifested by pain, mostly on overuse and during cold, damp weather. The Board found that these symptoms do not warrant a rating in excess of 10 percent.

The Board has denied the veteran's claim for service connection for arthritis and his claim for a total rating by reason of individual unemployability due to service connected disabilities. The arthritis was not shown to be related to service or any service-connected condition.

The Board found that the veteran did not suffer from additional disability due to VA carelessness, negligence, or error in judgment. Therefore, compensation under 38 U.S.C.A. § 1151 was denied.