Other conditions decisions — 2009

The Board has granted service connection for the claimed residuals of cold injury to the right and left lower extremities/feet, as well as the right and left upper extremities/hands.

The Veteran's request for a waiver of an overpayment of VA disability pension benefits in the amount of $15,688.00 was denied because there was no indication of fraud, misrepresentation or bad faith on his part in creating the debt. The Board found that the fault lay primarily with the Veteran for failing to notify VA promptly after receiving additional income from state disability pension.

The Board denied service connection for bilateral eye disorder, facial skin disorder, and reopened the claim for hemorrhoids but did not grant any of these claims.

The Board has determined that the Veteran's skin disorder is not related to his service, including exposure to Agent Orange. The claim for service connection is denied.

The Board has determined that the Veteran's spine disorder, diagnosed as scoliosis, existed prior to his entry into active duty service and did not permanently increase in severity during his active duty service. Therefore, the claim for service connection for a spine disorder is denied.

The Board has granted the Veteran's claim of service connection for a left dry eye disability, finding that it is related to his military service.

The Board has determined that the Veteran's testicular cancer is not related to his military service and thus denied his claim for service connection.

The Board denied the Veteran's claim to reopen his prior denial of service connection for bilateral external otitis, finding that new and material evidence had not been submitted.

The Veteran's service did not meet the threshold eligibility requirements for VA nonservice-connected pension benefits due to lack of active duty during a period of war.

The Veteran's right thigh gunshot wound residuals are not productive of severe injury to Muscle Group XIII or complete atrophy of both testicles, thus the claim for a higher rating is denied.

The Veteran's service-connected disabilities, including brain stem encephalitis and associated conditions, have resulted in total loss of use of all four extremities. The Board has determined that the criteria for a higher level of special monthly compensation for aid and attendance are met, as well as eligibility for specially adapted housing or a special home adaptation grant.

The Board has granted a compensable rating of 30 percent for the Veteran's dizziness with facial numbness, secondary to service-connected residuals of nasal fracture.

The Board found that the Veteran's current aortic aneurysms and residuals thereof were not incurred in or aggravated by service, and may not be presumed due to any incident of his military service.

The Board has determined that the Veteran's swelling of the fingers, to include a thumb disorder, was not incurred in or aggravated by his military service and may not be presumed to have been incurred in or aggravated by service.

The Veteran's service connection claims for esophageal cancer and stomach cancer, including as due to herbicide exposure, were denied by the AOJ in August 2007. The Board has determined that a remand is necessary to address these issues.

The Veteran's appeal is remanded due to incomplete records and the need for further evaluations, including a VA examination and counseling assessment. The issue of extending vocational rehabilitation benefits for postgraduate studies under Chapter 31 remains on appeal.

The Board has remanded the case due to the need for additional development, including obtaining medical records and providing updated notice.

The Veteran is seeking service connection for esophageal cancer, claimed as a result of Agent Orange exposure. The case has been remanded due to the need for additional development and examination.

The Board finds that it is at least as likely as not that the Veteran's degenerative joint disease of the left hip is attributable to his active military service, and grants service connection for this condition on a direct basis.

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