Other conditions decisions — 2008

The veteran's claims are being remanded due to the need for additional development, including obtaining service personnel records and a VA examination. The veteran is seeking service connection for leukemia, which may be related to benzene exposure during service, but this must be verified. His claim for an increased evaluation of psoriasis also requires further review.

The veteran's malignant skin neoplasms, including basal cell carcinoma and squamous cell carcinoma, were not incurred in or aggravated by service. The Board found no reasonable possibility that the veteran's skin cancers could be attributed to his exposure to ionizing radiation in service.

The Board has determined that there is no nexus between the veteran's current lung disability, including emphysema and obstructive airway disease, and a disease or injury in service. The claim for service connection is denied.

The VA Board has determined that the veteran does not have dysplasia, which was diagnosed during service. As a result, the claim for service connection for dysplasia is denied.

The Board has denied the veteran's claim for compensation benefits under 38 U.S.C.A. § 1151 due to a right testicular condition allegedly related to VA hernia repair in July 2002, finding that there was no proximate cause of the atrophy attributable to carelessness or negligence on the part of VA.

The Board denied the application to reopen the claim of service connection for residuals of a back injury in January 1994, finding that new and material evidence had not been presented. The veteran's additional evidence was found to be either redundant or cumulative.

The Board has granted service connection for cherry angiomas, but denied service connection for gout.

The Board found no current residuals of a left foot injury that were incurred in active service, and thus denied the claim for service connection.

The veteran's thoracic spine disorder and hilar lymphadenopathy have not met the criteria for a compensable evaluation under applicable VA rating criteria.

The Board denied the veteran's claims for service connection for posterior subcapsular cataracts and for an effective date earlier than July 7, 2006 for the grant of service connection for fibromyalgia, to include chronic fatigue. The claim for service connection was reopened on new evidence but not granted.

The case is being remanded for an audit of the overpayment to determine its amount and whether it was properly calculated.

The Board denied an increased rating for a dental injury as a result of facial surgery, finding that the veteran's condition did not warrant a higher than 50 percent disability rating. The claim for service connection for other residuals of facial surgery, including scarring from a bone graft, is also pending and requires further examination and opinion.

The Board found that recovery of the overpayment would not be against equity and good conscience, given the veteran's incarceration for a felony. The fault was apportioned between VA and the veteran, with both parties at fault in creating the debt.

The VA denied an increased rating for the veteran's bilateral Thygeson's keratopathy, currently rated at 10 percent.

The Board has determined that the veteran's bilateral foot disabilities were not incurred in or aggravated during his active service and denied his claim for service connection.

The veteran's claim for an increased rating for residuals of a right humerus fracture is being remanded due to inadequate examination and VCAA notice issues.

The veteran is seeking service connection for lymphoma of the right testicle, which he claims was caused by exposure to ionizing radiation during his military service. The VA has requested additional records and a dose estimate from the Under Secretary for Health but has not yet completed these steps.

The Board has determined that the veteran's income exceeded the maximum annual rate for VA improved pension benefits as of March 29, 2004.

The Board denied the appellant's request to reopen her previously denied claim of entitlement to service connection for the cause of the veteran's death, finding that the new evidence submitted did not relate to an unestablished fact necessary to substantiate the previously disallowed claim.

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