Other conditions decisions — 2010

The Veteran does not have a current lung disability and the Board finds that his morning cough and dyspnea on exertion are attributable to other causes. The claim for service connection for a lung disability, including as a qualifying chronic disability resulting from an undiagnosed illness, is denied.

The Veteran's squamous cell carcinoma of the hands and fingers was not incurred in or aggravated by service, including exposure to herbicide agents. The Board finds that the evidence does not support a finding of service connection.

The Board found that the Veteran's current residuals of right parotid gland adenitis are likely related to service, granting his claim for service connection.

The Veteran's medical expenses incurred from January 31, 2006 to February 1, 2006 were not reimbursable because he was already stable and could have been safely discharged or transferred to a VA facility.

The Veteran's adjustment disorder with depressive mood has been granted a 50 percent disability rating effective December 1, 2009. Prior to this date, the claim for an increased rating was denied.

The Board has remanded the case for further development, including an examination to determine the current severity of the Veteran's service-connected residuals of left mandible fracture and resultant TMJ dysfunction.

The Board has determined that the Veteran's service-connected residuals of a radical prostatectomy for adenocarcinoma of the prostate are manifested by voiding dysfunction requiring absorbent materials changed at least four times per day, warranting a 60 percent rating.

The Board has granted a 20 percent rating for the right radial head disorder and a 10 percent rating for tendonitis of the left elbow. The Veteran's TDIU claim is also granted.

The Veteran's mood disorder has been rated at 30 percent, which approximates the level of disability based on his symptoms and occupational functioning.

The Board has determined that the Veteran's perforation of the left tympanic membrane does not warrant an initial compensable disability rating at any time since December 1, 2006.

The appellant requested to dismiss their appeal regarding the character of discharge for VA purposes.

The Veteran's unauthorized medical expenses incurred from February 2, 2007 to February 5, 2007 at Good Shepherd Medical Center are approved due to the severity of his abdominal pain and nausea with vomiting, which was deemed an emergency requiring immediate attention.

The Veteran's claim for an initial compensable rating for genital herpes prior to September 20, 2007 was granted on the merits. The effective date remains pending as it is related to disagreement with the assigned disability rating.

The Board denied a waiver of recovery of an overpayment in the amount of $65,411.00 for the period from October 1, 1993 through July 31, 2007 due to willful failure to disclose material facts.

The Veteran's bilateral knee disorders have been rated based on limitation of motion. The right knee has a current rating of 10 percent, while the left knee is rated at 10 percent under Diagnostic Code 5003 for degenerative arthritis.

The Veteran's daughter, the appellant, is not eligible for VA Survivors' and Dependents' Educational Assistance (DEA) benefits under Chapter 35 prior to August 9, 2006 due to her enrollment in high school before her course of study was approved.

The Veteran's application for VA education benefits was received on August 14, 2007. The approval of the training course in question was effective January 17, 2006. As a result, the commencing date of the award of educational assistance is August 14, 2006, which is one year after the Veteran's application for benefits and one year before the effective date of the approval of the course. The Board finds that the Veteran is not eligible for retroactive payment of education benefits.

The Board determined that the appellant is not eligible for VA death benefits as she did not become permanently incapable of self-support before reaching the age of 18 years.

The Veteran's claim for service connection for a dental disability, specifically periodontal disease, is denied as there was no evidence of in-service trauma resulting in residuals or loss of substance of the maxilla or mandible.

The Veteran withdrew his appeal regarding the change in his co-pay status from exempt to required for income year 2007.