Other conditions decisions — 2008

The Board has remanded the case for further development, including consideration of an extraschedular evaluation and a claim for TDIU.

The Board has determined that the earliest date upon which it is factually ascertainable that the veteran's TMJ disability increased in severity was October 30, 1991. Therefore, an effective date earlier than October 30, 1991 for a 20% rating cannot be assigned.

The Board has remanded the case for issuance of a Statement of the Case regarding the issue of service connection for myocardial ischemia, claimed as coronary artery disease.

The Board has determined that the veteran's service-connected gastrointestinal conditions do not warrant a higher rating based on the severity of his symptoms and current disability level.

The Board has determined that the overpayment of educational assistance benefits in the amount of $7,980.40 is valid based on evidence showing the veteran did not attend classes during his enrollment at RMTU.

The Board has determined that new and material evidence has not been submitted to reopen the veteran's claim of service connection for a chronic disorder of the legs. The decision is mixed as some issues are granted while others are denied.

The Board granted a rating of 10 percent for the service-connected residuals of a shell fragment wound of the dorsum of the left hand and granted an effective date of November 14, 2004 for a 100 percent rating for service-connected post-traumatic stress disorder.

The veteran's Paget's syndrome is not considered to have resulted from VA medical treatment, and the Board finds that there was no fault on the part of VA in providing such treatment. Therefore, compensation under 38 U.S.C.A. § 1151 for Paget's syndrome is denied.

The veteran's claimed conditions of colon cancer, recurrent urinary tract cancer, and skin lesions are not associated with presumed exposure to Agent Orange based on service in the Republic of Vietnam during the Vietnam era.

The Board has determined that a rating of 30 percent for service-connected TMJ syndrome is appropriate, considering the veteran's symptoms and limitations on daily activities.

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

The Board has determined that the evidence received since the November 1984 rating decision does not raise a reasonable possibility of substantiating the claim for service connection for teratocarcinoma of the left testis.

The veteran's claim for an initial compensable disability rating for his left knee condition was denied. However, he was granted a separate initial disability rating of 10% for a scar on the left knee.

The VA determined that the veteran's service-connected left third finger disability does not meet the criteria for a compensable evaluation, as it did not show favorable or unfavorable ankylosis, limitation of motion with a gap of one inch (2.5 cm) or more between the fingertip and the proximal transverse crease of the palm, nor was there interference with overall function of the hand.

The Board has determined that the veteran's right foot disability, currently rated at 30 percent disabling under DC 5284, does not warrant a higher rating as his symptoms do not meet or approximate the criteria for a higher evaluation.

The Board has determined that the appellant's father, who served during World War II in the Philippine Army and Recognized Guerrillas, is not eligible for burial benefits due to lack of service-connected disability at the time of death.

The Board denied the appellant's claim for basic eligibility to VA benefits due to a lack of recognized service as a member of the Philippine Commonwealth Army, including the recognized guerrillas, in the service of the United States Armed Forces.

The Board has remanded the case due to unclear information regarding the appellant's husband's military service status, and further review is needed before a determination can be made on her eligibility for VA death benefits.

The Board found no evidence of a skin condition consisting of bleeding in service or related to herbicide exposure, and denied the veteran's claim for service connection. The issue regarding cystic acne remains pending.

The Board has determined that new and material evidence has not been submitted to reopen the claim of legal entitlement to VA benefits, thus denying the appeal.