Other conditions decisions — 2009

The Veteran's claim for service connection for adenocystic carcinoma involving the left neck and lung has been dismissed due to his death.

The Veteran's request for a waiver of overpayment of disability compensation benefits (on behalf of a dependent) was denied due to fault on his part in creating the debt, and because recovery would not result in undue hardship or defeat the purpose of his VA benefits.

The Board has determined that the Veteran's insomnia is related to his service and grants entitlement to service connection for this condition.

The Board has determined that the Veteran's right hip strain is manifested by flexion to 100 degrees and abduction to 20 degrees, with no objective evidence of limited motion. The current evaluation for this condition remains at 10 percent.

The Board found that the Veteran's death was not caused by a service-connected condition and did not meet the criteria for DIC benefits under 38 U.S.C.A. § 1318.

The Veteran's claim for an increased rating for his gunshot wound to the right lower leg was denied. The Board found that he is already in receipt of the maximum schedular rating for this condition. His claims for service connection for a right knee, right ankle and right heel condition and left plantar fasciitis, as well as for a stroke, were also denied.

The Board finds that the Veteran's service connection claim for residuals of a fracture of the left patella, to include degenerative joint disease is granted. The Board also grants service connection for degenerative joint disease of the bilateral hips as secondary to the previously service-connected condition.

The Board has granted a rating of 10 percent for the residuals of a left testicular injury, which is more nearly approximates intermittent intensive management.

The Board has determined that new and material evidence has not been submitted to reopen the Veteran's claim of service connection for congenital muscular dystrophy. The medical evidence shows that the condition was first diagnosed during military service, but does not indicate it was aggravated by service.

The Veteran's thoracic outlet syndrome, left upper extremity, is characterized by severe incomplete paralysis. The Board has determined that a 50 percent rating is appropriate under Diagnostic Code 8510.

The Board denied the Veteran's claims for service connection for chronic gastroenteritis and a bilateral foot disorder, finding no evidence of such conditions during or after service. The claim for an initial rating in excess of 10 percent for lumbar strain was granted, but not to exceed 40 percent thereafter. Ratings were also granted for right ankle strain (10%), left ankle strain (10%), and patellofemoral syndrome of the knees (10% each).

The Board has determined that a VA examination is needed for both issues on appeal due to the complexity of the claims and the need for medical opinions regarding etiology.

The Board found that there was no valid common-law marriage between the Veteran and the appellant for VA benefits purposes, as evidenced by the lack of mutual consent to enter into a marriage relationship.

The appellant's husband had service with the Philippine Constabulary and was of assistance to the Imperial Japanese Government in violation of the provisions of 38 U.S.C.A. § 6104(a). As a result, he forfeited all accrued or future gratuitous benefits under laws administered by VA. The Board concludes that the appellant has no legal entitlement to dependency and indemnity compensation, death pension, or accrued benefits.

The Veteran's claims for increased ratings and service connection were denied. The Board found that the evidence did not support a higher rating for dermatophytosis, denied service connection for prostate cancer, peripheral neuropathy, lung cancer, upper respiratory infections, urinary tract infections, PTSD, loss of teeth, or common colds due to exposure to herbicides. Service connection was also denied for presbyopia and myopia and hearing loss.

The Veteran's appeal has been dismissed due to his death.

The Board found that the Veteran's lung disability warranted a rating of 30 percent prior to April 17, 2008, and 60 percent beginning on that date.

The Veteran's claim for reimbursement of unauthorized medical expenses incurred with City of Jacksonville, Florida Fire Rescue on November 16, 2006 was denied as he did not meet the eligibility criteria due to lack of VA care within the 24 months prior to the treatment.

The Board found that the Veteran's right foot amputation in June 1998 was not attributable to service, and denied his claim for service connection.

The Board has granted service connection for a bilateral hip disorder, finding that the Veteran's current condition is related to his military service.