Other conditions decisions — 2006

The Board denied the appellant's claim for an apportionment of her husband's VA pension benefits, finding that there was no evidence of estrangement and that awarding an apportionment would cause hardship to the veteran.

The Board granted an initial 30 percent rating for the veteran's service-connected duodenal ulcer, effective prior to May 25, 2004.

The Board found that the veteran's continued acceptance of VA benefits despite knowing he had unreported income created an overpayment. The decision grants a waiver of recovery of $12,000 from his improved pension benefits.

The Board found that the veteran's cancer of the larynx, vocal cord, bladder, and prostate, colonic polyps, and skin lesions were not incurred in or aggravated by service, nor may they be presumed to have been incurred therein.

The Board has granted a 40 percent rating for the residuals of a L-3 fracture with arthritis, effective from February 24, 2006.

The Board denied the veteran's claims for an increased rating for his duodenal ulcer disability and service connection for a dental condition and arthritis of the back, shoulders, and neck, finding that there was no current evidence of active duodenal ulcer or any other compensable conditions. The arthritis of the cervical spine was found to be proximately due to the service-connected residuals of a cervical cord injury.

The Board has determined that the veteran's skin disability, diagnosed as urticaria, was not incurred in or aggravated by service and is not proximately due to or the result of a service-connected disability. The claim for an evaluation in excess of 10 percent for shrapnel fragment wound, left arm with retained metallic body, has also been denied.

The Board has remanded the case for an additional examination to determine the nature and extent of the veteran's service-connected filariasis residuals, including whether it is at least as likely as not that his leg enlargement is due to his filariasis or its residuals.

The Board denied service connection for the residual conditions of traumatic injuries to the head and back, finding no evidence of chronic conditions related to service. Service connection for diabetes mellitus and secondary diseases as a result of herbicide exposure was also denied due to lack of evidence of such exposure.

The Board has remanded the case for further development and consideration, including obtaining a medical opinion regarding whether the veteran's cause of death was related to his service.

The Board has determined that the veteran's entitlement to NSC pension benefits should be effective from October 21, 2001 due to his incapacitation caused by extensive hospitalization.

The Board has determined that the preponderance of the evidence is against the claim for a higher initial rating for residuals of a bilateral mandible fracture, and thus any questions regarding what ratings or effective dates would be assigned are moot.

The Board has determined that a new medical examination is needed to clarify whether the veteran's restless leg syndrome is related to his service-connected diabetes mellitus, or if it has been aggravated by the diabetes.

The veteran claims his right inguinal hernia was incurred during military service. However, there are no records of such a condition in his service medical records or at the time of discharge. The Board finds that VA has not fulfilled its duty to assist and remands for further development.

The veteran's skin cancer, which has resulted in extensive lesions covering 40 percent of his exposed surface, is currently rated at 10 percent. The Board found that the criteria for a higher rating have been met and granted an increased evaluation to 30 percent effective from August 30, 2002.

The Board has remanded the case due to issues related to the validity of an overpayment of educational assistance benefits. The veteran's accredited representative requested a hearing for all 30 veterans who raised similar claims, but this request cannot be accommodated as a matter of law.

The veteran's service with the New Philippine Scouts did not qualify his surviving spouse for nonservice-connected death pension benefits.

The Board has determined that a VA examination is needed to determine if the veteran's current psychiatric disability, including OCD, began during service or is causally linked to any incident of or finding recorded during service. The veteran also needs proper VCAA notice regarding effective date and disability rating issues.

The Board has remanded the case for further development, including obtaining medical records and scheduling VA examinations to determine the nature and etiology of any right foot disorder and the severity of the veteran's service-connected deformity of the distal sternum.

The Board has remanded the veteran's claim for further development due to compliance issues with the VCAA and need for clarification on the relationship between his service-connected diabetes mellitus Type II and his congestive heart failure.