Other conditions decisions — 2008

The veteran's osteochondral injury, left foot with degenerative changes is granted as service connected due to an in-service injury.

The veteran died from metastatic carcinoma of unknown etiology, and the cause of death is being considered as potentially related to exposure to ionizing radiation during service. The claim will be remanded for further development regarding potential radiation exposure.

The Board has determined that the veteran's pulmonary disorder, including as due to asbestos or chemical exposure during service, is not related to his military service and therefore denied his claim for service connection.

The VA denied an increased rating for degenerative joint disease in the left ulnar joint with mild neuralgia, as the veteran's range of motion did not meet criteria warranting a higher evaluation.

The Board denied an initial evaluation in excess of 10 percent for residuals of a removal of an ossicle from the right patella tendon and denied an increased (compensable) evaluation for residual scar of an excision of an ossicle of the right patellar tendon.

The Board denied the veteran's claim for service connection for an acquired psychiatric disability, concluding that his personality disorder preexisted service and was not considered a disease or injury for VA compensation purposes.

The veteran's overpayment of non-service-connected pension benefits was waived due to the creation being substantially not his fault and not VA's, undue hardship if repayment were required, no unjust enrichment, no change in position showing additional harm, and equity and good conscience would best serve by waiving the debt.

The Board found that the reduction in rating from 10 percent to 0 percent for service-connected symptoms of chest pain with irregular EKG and shortness of breath was proper, as these conditions did not meet the criteria for a compensable disability rating.

The Board found no evidence of scoliosis during service or post-service, and there is no competent medical opinion linking the current diagnosis to service. Therefore, the claim for service connection for scoliosis was denied.

The veteran is not currently eligible for enrollment in VA's healthcare system due to his lack of service-connected disabilities and other qualifying factors.

The veteran died in December 1997 and was buried in the same month. The appellant filed a claim for burial benefits over eight years later, which is not timely under VA regulations. Therefore, no burial allowance can be paid.

The VA determined that the veteran's current respiratory disability did not begin during service and is not related to any incident of service, including asbestos exposure.

The Board found that the appellant did not receive a statement of the case regarding her claim for service connection for cause of death, and thus the November 2001 rating decision is not final. The matter is remanded to issue a new statement of the case.

The Board has determined that the appellant did not submit new and material evidence to reopen her request for revocation of VA benefits, as all submitted evidence was cumulative or redundant.

The Board has remanded the case for further development, including obtaining a medical opinion from an oncologist to determine if the cause of the veteran's death was related to his military service, specifically exposure to herbicide agents. The DIC benefits claim is also inextricably intertwined with the cause of death issue and will be considered at this time.

The VA Board found that the veteran's service-connected residuals of a fractured right humerus do not warrant a rating in excess of 10 percent.

The Board has determined that the veteran's current left foot disability is not related to his service, and thus denied his claim for service connection.

The Board has denied the veteran's claim for service connection for a dental disorder, including for purposes of obtaining VA outpatient dental treatment. The evidence does not support the claim as it is determined that the current periodontal disease is not related to in-service trauma.

The Board has ordered a VA examination to determine the etiology of the veteran's foot conditions and whether they are related to his military service.

The VA determined that the veteran's anal stricture, secondary to hemorrhoidectomy with fecal incontinence, warrants a 30 percent disability rating and not higher.