Other conditions decisions — 2010

The Veteran's left sesamoiditis has been productive of no more than moderate impairment since September 28, 2005.

The Veteran's request for waiver of overpayment of $20,659 was denied as it was not made within the required 180-day period following notification of the amount of indebtedness.

The Veteran's appeal was dismissed due to his death.

The Veteran's appeal is being remanded for a Travel Board hearing.

The Board has determined that the Veteran's hairy cell leukemia is service-connected due to exposure to Agent Orange during his military service.

The Veteran's chronic interstitial cystitis requires the wearing of absorbent materials which must be changed more than 4 times a day, and the criteria for an initial 60 percent rating have been met since the effective date of the grant of service connection.

The Board has determined that additional information is needed to determine if the Veteran was eligible for enrollment based on his asserted income level. The Veteran should provide financial status information, including details of medical expenses and sources of income.

The Veteran is seeking service connection for chronic lymphocytic leukemia (CLL), which he claims was caused by asbestos exposure during his military service. The Board has determined that a VA examination is necessary to determine the etiology of the CLL and whether it manifested within one year after discharge from service.

The Veteran's appeal was denied because she did not file a timely notice of disagreement regarding the decision to withhold her disability severance pay from VA compensation benefits.

The Board denied the appellant's request for attorney fees from past-due benefits arising from an award of total disability rating based on individual unemployability (TDIU).

The Veteran's application for an extension of the delimiting period for educational assistance benefits was denied because it was not received within one year from the date his disability no longer prevented him from resuming an educational program.

The Board denied service connection for a gastrointestinal disorder and otitis media, finding that the Veteran's current conditions were not incurred in or aggravated by his active service.

The Veteran's claims for increased ratings were denied. The Board found that the evidence did not support a higher rating for his service-connected chronic regional pain syndrome of the right lower extremity or hypertension, and noted that referral to VA's Compensation and Pension Service was not required due to lack of exceptional circumstances.

The Board denied the Veteran's claim for a separate schedular rating for muscle damage of the right thigh and hip due to his service-connected gunshot wound, finding that he was already receiving the highest possible rating under Diagnostic Code 5255.

The Veteran's service-connected malunion, status post fracture of the left proximal ulna is rated at 20 percent from October 15, 2008. The rating for left ulnar nerve entrapment remains at 30 percent.

The Board has remanded the case to the Director, Compensation and Pension Service for extra-schedular consideration in light of an October 2003 'Individual Unemployability Assessment' provided by a private vocational specialist who concluded the Veteran was unemployable due to his service-connected disability since 1991.

The Board finds that the appellant does not have residuals of Cryptococcal pneumonia due to service, and there is insufficient evidence linking adenocarcinoma of the lung to service or a service-connected condition.

The Board has denied the Veteran's claim for service connection for an acquired sleep or respiratory disorder.

The Board has determined that the appellant is entitled to recognition as the surviving spouse of the Veteran, resolving all doubts in her favor.

The Veteran's hydradenitis has not affected at least 5% of his entire body or exposed areas, and no intermittent systemic therapy was required. Therefore, a compensable rating is denied.