Other conditions decisions — 2010

The Board denied the appellant's claim for Dependents' Educational Assistance (DEA) benefits under Chapter 35, Title 38 of the United States Code for training received at ICPR Junior College due to lack of entitlement under the law.

The Board found that the Veteran's cysts on his left palm and retroauricular region were incurred in service, but denied service connection for residuals of heat stroke/exhaustion.

The Board has determined that the Veteran's ilio-inguinal nerve disability, manifested by constant pain and chronic numbness, is severe enough to warrant a 10 percent rating.

The Board has determined that the reduction of the Veteran's nonservice-connected improved disability pension benefits as of January 1, 2008 was proper due to a decrease in estimated unreimbursed medical expenses for calendar year 2008.

The Board has ordered the case back to the RO for additional development, including obtaining National Guard discharge records and any relevant in-service records. The Veteran's service connection claim will be reconsidered based on this new information.

The Veteran's claims for service connection for terato-carcinoma of the right testicle with metastasis to the right femoral lymph nodes and lymphedema of the right leg were denied. The denial was based on a finding that the disease or 'disease potential' pre-existed service.

The Board has remanded the Veteran's claim for an initial increased rating for a right inguinal hernia due to incomplete medical records and further development is required.

The appellant's husband did not have qualifying active service for purposes of VA death pension benefits, and thus the claim is denied.

The Veteran's residuals of a left eye injury with defective vision do not warrant a rating in excess of 10 percent. A separate 10 percent rating for visual field defects is granted.

The Veteran's cause of death from metastatic colon cancer was not related to his service-connected left knee or left thumb disabilities, and the Board denied the claim for service connection.

The Board has remanded the case due to incomplete records and scheduling issues, requiring further development of the record.

The Board has determined that the Veteran's status post retroperitoneal mass, B cell lymphoma does not meet the criteria for a compensable evaluation due to no local recurrence or metastasis of the condition and no active treatment.

The Board granted a 20 percent rating for residuals of a fracture of the right tibia and fibula effective December 1, 2008. The Veteran also received additional ratings of 10 percent each for limitation of motion of the right ankle with arthritis and genu recurvatum of the right knee.

The Board denied the Veteran's claims for service connection for tremors, a sleep disorder, and a 'nerves' disorder due to an undiagnosed illness or other qualifying chronic disability. The evidence did not relate to an unestablished fact necessary to substantiate these claims.

The Board has determined that the debt of $3,329.00 was not properly created due to administrative error on VA's part and the Veteran did not contribute to the overpayment.

The Veteran's psychotic disorder was incurred in service and granted as presumptive under the PACT Act.

The Veteran's service-connected adjustment disorder has not resulted in occupational and social impairment with reduced reliability and productivity, warranting a rating no higher than the current 30 percent.

The Board denied service connection for residuals of a back injury and chronic hip pain due to lack of evidence showing these conditions during active duty. The new evidence submitted since the April 2005 rating decision does not relate to an unestablished fact necessary to substantiate the claims.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's death was related to his service, specifically his exposure to cryptococcus neoformans fungi while in service. The VA is instructed to obtain the Veteran's personnel records and provide a medical opinion on these issues.

The Veteran's service-connected lichen simplex chronicus is currently rated at 30 percent, and the Board has granted a 60 percent rating based on use of corticosteroids or other immunosuppressive drugs. The claim for service connection for diabetes mellitus due to herbicide exposure remains unresolved.