Other conditions decisions — 2006

The Board has remanded the case for additional development, including obtaining records from SSA and ensuring compliance with VCAA requirements.

The Board has decided to remand the case for further development and an examination, as there is insufficient evidence regarding whether the veteran's deficient color perception developed during service.

The Board found that the initial award of service connection for a chronic, nonhealing ulcer of the left 4th toe was clearly and unmistakably erroneous due to subsequent medical evidence showing it was actually squamous cell carcinoma rather than a diabetes-related complication.

The Board has determined that there was clear and unmistakable error in the March 1981 RO decision, which found the veteran's disabilities were not incurred in line of duty due to willful misconduct. The effective date for service connection is now December 22, 1979.

The Board found that the veteran's brain condition did not have its onset during service or within one year of service, and is not related to an in-service disease or injury. The Board also found no connection between the veteran's current brain condition and his service-connected sinus condition.

The Board has determined that the veteran's shin splints are likely related to his military service, and thus grants service connection for both right and left leg shin splints.

The Board found that the debt was validly created and denied the veteran's request for a waiver of recovery.

The veteran's right thigh scar and muscle injury are currently rated at 10 percent, with no separate rating for the muscle injury. The Board found that the current ratings were appropriate.

The Board has remanded the case for additional development, including obtaining radiology films from VA medical facilities in Saginaw and Ann Arbor, Michigan, dated from January 1990 to February 1999. The veteran's service connection claim is being considered under a direct theory of service connection.

The veteran's hypertension, which has been service-connected since February 27, 1992, did not meet the criteria for a rating greater than 10 percent from August 19, 2003 to the present.

The VA denied an increased rating for basal cell carcinoma, including postoperative scar residuals. The veteran's scars did not meet the criteria for a higher evaluation under the new VA rating schedule.

The Board finds that the veteran's current bilateral residuals of trench foot are not related to his service, and thus denies the claim.

The Board has denied the veteran's claims for service connection for bilateral myopic astigmatism and granted his claim for service connection for retropatellar pain syndrome. The Board found that the veteran's myopic astigmatism was a congenital defect not aggravated by service, while finding continuity of symptomatology for his retropatellar pain syndrome.

The Board has granted service connection for chronic systemic osteopenia, finding that it was incurred during active service.

The VA determined that the veteran's pterygium of the left eye, which was removed during service, does not currently cause any loss of vision or functional impairment warranting a compensable rating.

The Board has decided to remand the case for further development, including obtaining medical records and scheduling a VA examination.

The Board of Veterans' Appeals has denied the veteran's claim for service connection for a prostate disorder and/or a disability manifested by frequent urination, dysuria, and abdominal pain. The appeal is remanded to obtain additional medical records and to provide the veteran with an appropriate VA examination.

The Board found that the veteran's postoperative residuals of hammertoe surgery did not meet criteria for an evaluation in excess of 10 percent, thus denying his claims.

The veteran's claim for compensation under 38 U.S.C. § 1151 for infertility resulting from a 1991 surgical procedure at a VA facility was denied as the proximate cause of any additional disability was not due to carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of the Department.

The Board has determined that new and material evidence has not been submitted to reopen the veteran's claim for service connection for a left eye disorder.