Other conditions decisions — 2009

The Board found that the Veteran's current bilateral foot disorders were not incurred or aggravated by her active duty for training (ACDUTRA) service, and thus denied her claim.

The Board has determined that the Veteran's service-connected psoriasis has aggravated his nonservice connected respiratory illness, and thus grants service connection for this condition.

The Veteran does not have a chronic skin disability that was present in service or is otherwise related to active duty.

The Veteran's bilateral hand palmar hyperkeratosis has been rated at 10% since November 2001, and the current rating is maintained as it does not meet criteria for a higher rating.

The Board has determined that the Veteran's claim for service connection for a throat disability manifested by hoarseness, to include on a secondary basis, is denied as there is no competent medical evidence linking it to service or to a service-connected condition.

The Board denied service connection for status post right retinal detachment with scleral buckle and a dental disorder for purposes of compensation and treatment due to lack of evidence linking the conditions to service. The veteran's right eye disorder was attributed to prior cataract surgery, while his dental condition was not found to be related to diabetes mellitus.

The Board denied the Veteran's claims for service connection for a left spermatocele and an initial evaluation in excess of 40 percent for diabetes mellitus on or after December 16, 2002. The Veteran was not shown to have a current left spermatocele that is causally related to his military service. His diabetes mellitus did not meet the criteria for a higher initial evaluation.

The Board denied an increased disability rating for the Veteran's service-connected prostate disorder, finding that his symptoms did not warrant a higher rating.

The Board has ordered a remand due to the need for clarification of the examiner's opinion regarding whether the Veteran's left lower extremity neurological deficits, including foot drop, are caused or aggravated by his service-connected left ankle disability.

The Board denied the Veteran's claims for service connection for cold injury residuals of his upper and lower extremities, finding that there was no evidence of such conditions in service or within a year after service. The VA examiner opined that these conditions are less likely than not related to military service.

The Veteran's PUD and right foot fracture residuals are both rated at the minimum compensable level (10%). The decision grants a rating of 10% for each condition.

The Board denied the Veteran's claims for service connection for arthritis of the right hip and back, finding no evidence linking these conditions to his military service. The claim regarding a left hip and leg disability was also denied as new and material evidence had not been received since the final denial in March 1981.

The Board finds that the Veteran's stomach disorder was incurred in service and grants his claim for service connection.

The Veteran's right hip click syndrome was initially granted with a noncompensable evaluation from October 20, 2003, to October 31, 2008. On or after October 31, 2008, the disability is rated at 10 percent.

The Board has determined that the Veteran's current obstructive respiratory disease is as least as likely as not caused by alleged pleurisy or exposure to fog and burning coke in service, and grants service connection for this condition.

The Veteran's request for a waiver of recovery of an overpayment of VA nonservice-connected pension benefits in the amount of $32,508 was denied due to willful misrepresentation of income.

The Board has denied the appellant's request for an increased special apportionment of the Veteran's disability compensation on behalf of their minor children, finding that a $750 monthly award is not warranted given the financial hardship and other factors.

The Board found no evidence linking the Veteran's death to service or any service-connected condition, including Agent Orange exposure. The cause of death was listed as systemic mastocytosis.

The Board has determined that the submitted evidence is not new and material to reopen the claim of service connection for a respiratory disorder.

The Veteran's increased rating for carcinoma of the larynx was granted, and his service connection claim for PTSD, anemia, peripheral neuropathy, and a spine disability were denied. The reduction from 100% to 30% for carcinoma of the larynx is upheld.