Other conditions decisions — 2006

The veteran's right knee and genu varus deformity are rated at 10 percent each, while his left knee disability is rated at 10 percent. The claims for increased ratings are denied.

The Board has determined that new and material evidence had not been presented to reopen the veteran's claim as to whether injuries sustained on May 13, 1978 were the result of his own willful misconduct. The Court found that the Board had erred in adjudicating the reopening question without discussing due process concerns set out in Bernard v. Brown.

The veteran's skin condition of both feet is characterized by fungal infections over less than 20 percent of the body or any exposed area, without ulceration, extensive exfoliation, crusting, systemic or nervous manifestations. The RO denied a rating in excess of 30 percent for this condition.

The VA denied the veteran's claim for a higher initial evaluation of his service-connected thoracic spine strain with central disc protrusion at T5-6, as it did not meet the criteria for an increased rating under the revised criteria effective September 23, 2002.

The claim for service connection for the cause of death was reopened due to new evidence, but it is not clear whether the cause of death (metastatic carcinoma) was related to service or any service-connected condition.

The Board found that the veteran does not have a current diagnosis of a disability of the lower extremities due to a 'pinched nerve' and therefore denied his claim for service connection.

The Board has remanded the case to schedule a VA examination for the veteran's skin disorders and determine their relationship to his service or service-connected disabilities.

The veteran's appeal is being remanded for additional development, including scheduling a videoconference hearing and considering all received evidence.

The veteran's squamous cell carcinoma of the lung was not incurred or aggravated in service and may not be presumed to have been incurred therein.

The Board found that the veteran's right eye cataract was not related to his service-connected diabetes or hypertension, and thus denied his claim for service connection.

The veteran's appeal is being remanded for further evaluation of his service-connected dorsal spine disability.

The veteran's vasomotor syncope disorder was productive of two to three episodes of near syncopes per month and an exercise capacity of 14 METs from April 27, 2001. The Board found no basis for a higher evaluation.

The Board found that the veteran's herpes progenitalis did not meet the criteria for a compensable rating under either the old or revised criteria applicable to his disability.

The veteran's service-connected residuals of a fractured pubic ramus were granted a 10 percent evaluation effective May 2, 1997. The rating was increased to 10 percent effective March 18, 2003.

The Board found that the veteran's request for waiver of recovery of an overpayment of non-service-connected disability benefits, in the calculated amount of $841.00, was timely received and granted.

The Board has remanded the case for further development to determine if the veteran's enhanced physiologic tremor of the bilateral hands was incurred in or aggravated by his service.

The Board finds that the veteran's gynecological disorder, including polycystic ovary disease and secondary infertility, was incurred during service. Therefore, service connection is granted.

The appeal is dismissed as the appellant has withdrawn their appeal.

The case is being remanded for the VA to obtain SSA medical records and current VA medical records, then review and readjudicate the claim.

The Board has granted service connection for filariasis, but denied service connection for dysentery due to lack of current disability evidence.