Other conditions decisions — 2010

The Veteran's pes cavus and hammer toes of the left foot were found to be congenital conditions that existed prior to service. The examiner did not find any evidence of aggravation beyond its natural progression during service. The scars from non-healing ulcers on his right lower extremity are due to willful misconduct, thus not eligible for service connection.

The Veteran's initial compensable rating for residuals of a nasal/facial injury has been granted, with the scar being rated at 10 percent.

The Veteran's appeal is remanded due to the need for additional development of his claims, including obtaining private treatment records related to his right testicle amputation and addressing his service connection claims.

The Veteran's herpetic whitlow of the right hand is rated at a 10 percent disability rating, but no higher.

The Veteran's daughter is not eligible for Dependents' Educational Assistance (DEA) benefits under Chapter 35, Title 38, United States Code due to her reaching the age of 26 before the effective date of a permanent and total disability rating.

The Board found that the Veteran's cause of death, bronchogenic cancer and cardio-pulmonary failure, did not stem from his service as a Philippine Scout. The appellant was also determined to be ineligible for VA death pension benefits.

The Board denied apportionment of the Veteran's VA compensation benefits based on dependency of a parent due to lack of evidence showing the appellant qualifies as a dependent.

The Board found that a chronic lung disability, to include as due to asbestos exposure, is not shown by the evidence of record and denied the Veteran's claim for service connection.

The Board has determined that the Veteran's residuals of a left ear tympanoplasty and otitis media/externa are manifested by chronic suppurative otitis media, warranting a 10% disability rating.

The Board has determined that the appellant's daughter's marriage in December 1998 is a bar to benefits, and thus her status as a helpless child for VA pension purposes is denied.

The Veteran's claim for payment or reimbursement of unauthorized private medical services from May 2007 to July 2007 was denied as he did not meet the criteria under 38 U.S.C.A. § 1725 and 38 C.F.R. § 17.1002.

The Board has determined that the Veteran's current disabilities, including residuals of a shrapnel fragment injury and post-surgical resection of his right lower lung lobe, are related to an in-service injury. The claim is granted.

The Board denied the Veteran's claim for recognition as a former prisoner of war (POW) due to conflicting evidence and lack of verification from service department records.

The Board found that the Veteran's lung condition, including hemoptysis, did not originate in service and is not related to his active duty. The claim for service connection was denied.

The Veteran's appeal is being remanded for further development, including obtaining VA treatment records and scheduling a VA examination to assess the severity of his service-connected narcolepsy. The TDIU claim is also inextricably intertwined with the increased rating claim.

The Board found no evidence of a current bilateral eye disorder during service or within close proximity to service, and there is insufficient medical evidence linking the Veteran's current condition to his military service. As such, the claim for service connection for a bilateral eye disorder was denied.

The Board has determined that the cause of death (intracranial hemorrhage and diffuse B cell lymphoma with intracranial metastasis) is not service-connected, as there is no evidence linking these conditions to service or exposure to herbicides.

The Board has determined that the appellant's current right groin pain disability is at least as likely as not causally related to an in-service injury, and thus service connection for this condition is granted.

The Board granted service connection for PTSD with a rating of 30 percent effective November 16, 2005. The claim for earlier effective date for PTSD was also granted.

The Veteran's residuals of testicular cancer, status post left orchiectomy, are not manifested by abnormal urinary frequency, urine leakage, obstructed voiding, or renal function. Therefore, an initial compensable evaluation is denied.