Other conditions decisions — 2010

The VA determined that the appellant did not have qualifying service with the United States Armed Forces, including as a member of recognized guerrillas in the Philippine Commonwealth Army. Therefore, he is ineligible for one-time payment from the Filipino Veterans Equity Compensation Fund.

The Board has remanded the case for further development, including obtaining VA examinations to assess the Veteran's service-connected dermatographism and corn/callosity of the right little toe.

The Board has remanded the case for additional development to ensure due process is met, including consideration of new evidence and a VA eye examination. The Veteran's service-connected left eye disability may be related to other disabilities that could affect his ability to work.

The Board denied an earlier effective date for the grant of service connection for squamous cell carcinoma in the right lung, head, and neck due to the claim being received on July 13, 2009, which is more than a year after the Veteran's separation from service.

The Board has granted the Veteran's claim for service connection for Charcot-Marie-Tooth disease as secondary to his service-connected left leg sciatica. The issues of an initial rating in excess of 10 percent for left leg sciatica and entitlement to an effective date prior to June 24, 2003, for the award of service connection for left leg sciatica are remanded.

The Veteran's service-connected posttraumatic minor anesthetic area, right side of scalp is manifested by no more than pain and altered sensation. The claim for a rating in excess of 10 percent was denied.

The Board found that the Veteran's cause of death, metastatic adenocarcinoma of the colon, is related to service connection and likely due to Agent Orange exposure.

The Board found that the Veteran's service-connected ingrown toenails do not meet the criteria for a compensable rating as there is no evidence of scarring, impairment of function, or associated injuries of the foot.

The Board denied the Veteran's claim for service connection for residuals of a right tibia and fibula fracture, finding that his pre-existing condition existed prior to service and was not aggravated by service.

The Veteran's left sartorius strain at the anterior iliac spine, refractory has been manifested by left hip flexion and extension to at least 20 degrees; no atrophy, weakness, edema, instability, redness, heat, abnormal movement; no more than a severe injury to Muscle Group XVIII; and complaints of pain. The criteria for an initial evaluation in excess of 30 percent have not been met.

The Board has determined that the Veteran does not have cold injury residuals to the upper extremities, and any arthritis of the upper extremities is not otherwise etiologically related to his active service.

The Board has granted service connection for a disability manifested by joint pain, to include polyarthralgia and arthritis of the shoulders, elbows, hands, and knees. The Veteran's skin disorder, tinea versicolor, is also found to be related to his military service.

The Board has remanded the case for additional development, including obtaining in-patient treatment records from Letterman Army Medical Center. The Veteran's claim for service connection for residuals of a head injury will be reconsidered based on the new evidence.

The Board denied the Veteran's request for a waiver of overpayment of nonservice-connected disability pension benefits, finding that although there was no indication of fraud or bad faith on his part, recovery would still not be against equity and good conscience.

The Board found that the Veteran's service-connected left hand wound residuals are currently rated as 10 percent disabling under diagnostic code 5309 for Muscle Group IX, the intrinsic muscles of the hand. The current rating is the highest possible under this code and does not meet the criteria for a higher rating based on limitation of motion.

The Board has determined that the Veteran's current groin rash is not related to his service and denied his claim for service connection.

The Veteran's service-connected hammertoe deformity with corns and calluses of the left and right feet result in a disability picture that more nearly approximates the criteria for a 30 percent rating by analogy to claw foot rating criteria.

The Board has determined that the Veteran currently has pleural plaques related to asbestos exposure, which have been medically linked to his in-service exposure. Therefore, service connection for this condition is granted.

The Veteran's atherosclerotic cardiovascular disease is granted as due to herbicide exposure during service.

The Board denied the Veteran's claim for an earlier effective date for his service connection for Hodgkin's Lymphoma, finding that August 31, 2005 is the correct date of grant.