Other conditions decisions — 2008

The Board has determined that the veteran's current skin condition is as likely as not related to his in-service exposure to Agent Orange, and thus service connection for a skin disorder is granted.

The veteran's claim for increased ratings for postoperative residuals of a fractured right mandible with temporomandibular joint dysfunction was denied. The RO assigned initial and subsequent non-compensable evaluations, as well as increased ratings up to 30 percent effective May 26, 2004.

The Board denied the veteran's claim for an increased disability rating for service-connected prostatitis, finding that the evidence did not show exceptional or unusual circumstances warranting referral for extraschedular consideration.

The Board found that the veteran does not have a current left hand disorder that is causally or etiologically related to his military service or to a service-connected condition, and thus denied his claim for service connection.

The Board has remanded the case for additional development, including a VA examination to determine if any current lung disability is related to active service and asbestos exposure.

The Board has determined that new and material evidence has not been received to reopen the veteran's claim of service connection for recurrent lipomas, which were claimed as the residual of herbicide exposure. The evidence submitted since the July 1998 rating decision does not relate the lipomas to service or to herbicide exposure.

The Board denied the appellant's claim for accrued benefits, including reimbursement of unreimbursed medical expenses to the veteran's estate. The evidence did not show that there were any periodic monetary benefits due and unpaid at the time of the veteran's death or that the appellant bore any expenses of the veteran's last sickness or burial.

The Board denied the veteran's claim for a rating in excess of 30 percent for his gastrointestinal disability, finding that the evidence did not show severe impairment of health or frequent and prolonged episodes of severe colic, distension, nausea, or vomiting.

The veteran's claim for an increased rating for residuals of benign tumor removal in the left breast is denied as there is no evidence that the entire left breast and axillary lymph nodes were removed, which would warrant a higher rating.

The Board denied the veteran's claim of service connection for spondylolysis and spondylolisthesis, finding that clear and unmistakable evidence established that these conditions existed prior to his entry into active duty and were not aggravated by military service.

The Board found that the veteran's digestive disability, presumed to be a duodenal ulcer and dumping syndrome, is currently evaluated as 60 percent disabling. The claim for a schedular rating higher than 60 percent was denied.

The veteran's claim for an earlier effective date than January 31, 2005, for the payment of retroactive Dependents' Educational Assistance (DEA) benefits was denied because the appellant's application was received after one year from the effective date of TDIU.

The Board has determined that recovery of the overpayment of $777.00 would be against equity and good conscience due to the veteran's lack of fault in creating the overpayment, his minimal income, and the fact that repayment would impose an undue hardship.

The Board found that Grave's disease was not incurred in or aggravated by service and may not be presumed to have been so incurred.

The Board has determined that the current rating for seronegative arthritis is 40 percent, and it is remanded to determine if a higher or lower rating is warranted based on the severity of the disability.

The Board has determined that additional development is needed to ensure compliance with the requirements of the VCAA, including providing adequate notice as it pertains to the issue of an earlier effective date for a grant of nonservice-connected pension.

The veteran's income exceeds the maximum annual pension rate for a veteran with two dependents, resulting in denial of his claim for nonservice-connected disability pension.

The Board denied the appellant's claim for non-service connected pension benefits and her attempt to reopen a claim of entitlement to service connection for the cause of the veteran's death. The evidence submitted was not considered new and material.

The veteran's claim for a TDIU rating was originally denied in April 2003. The RO granted the TDIU rating effective May 15, 2002, but the veteran disagrees with this effective date and requests an earlier one. The Board has ordered further development to obtain SSA records and other relevant documents.

The Board has determined that the veteran's service-connected uterine fibroids and history of ovarian cysts, postoperative hysterectomy do not warrant an initial disability rating in excess of 30 percent.