Other conditions decisions — 2010

The Veteran's service-connected residuals of a gunshot wound to the right shoulder are rated at 40 percent effective from March 4, 2009.

The Board found that the Veteran's cause of death, acute myelogenous leukemia, was not related to his military service or exposure to ionizing radiation. As a result, the claim for service connection for the cause of death was denied.

The Board found that the Veteran's onychomycosis did not begin during service and is not related to his military service. The claim for service connection was denied.

The Veteran's claim for an increased disability rating for his GSW residuals of the right elbow is being remanded due to a lack of recent VA examination and outstanding treatment records.

The Board has determined that the termination of VA compensation benefits due to the Veteran's fugitive felon status was not proper for periods from May 17, 2005 to August 22, 2005 and September 6, 2005.

The Veteran's skin disorder, specifically a rash on the entire body, was incurred in active military service and is granted as service connection.

The Board has determined that the Appellant is entitled to benefits under 38 U.S.C.A. § 1805 for spina bifida, as her biological father served in Vietnam and she was born with a form of spina bifida.

The Veteran's claim for service connection for deviated septum was denied as there is no current disability. The other issues on appeal were not addressed due to the denial of the primary issue.

The Board has denied service connection for fallen arches due to lack of medical evidence supporting the diagnosis. The claim for shin splints remains pending and requires further development.

The Veteran's service-connected diplopia has consistently been referred to as occasional or intermittent, and thus does not meet the criteria for a compensable disability rating.

The Board found that the Veteran's loss of use of the right arm and paralysis of the right side of the mouth were not caused by VA negligence or failure to obtain informed consent, but rather resulted from the surgical procedure. The appeal is therefore denied.

The Veteran's claim for service connection for soft tissue sarcoma involving the knees was denied as there is no current diagnosis of this condition and he did not serve in Vietnam. His exposure to herbicide agents during service does not meet the criteria for presumptive service connection.

The Board has reopened the Veteran's claim for service connection for herpes and finds that new and material evidence has been received to reopen the claim. The case is remanded for a VA medical opinion regarding whether it is at least as likely as not that the Veteran's herpes was incurred or aggravated during active duty.

The Board finds that the Veteran had service in Vietnam as defined by VA regulations, and therefore is presumed to have been exposed to herbicides. The cause of death (gastric/esophageal carcinoma) is found to be related to this exposure.

The case is being remanded for consideration of additional documents in the claims file, including those submitted in Spanish that require translation.

The Veteran's claim for an initial compensable rating for his service-connected dyspepsia is being remanded due to the need for additional evidence and a new VA examination.

The Veteran is seeking an effective date prior to June 18, 2004 for the grant of a total disability rating due to individual unemployability (TDIU). The Board has determined that additional development is needed and remands the case back to the RO.

The Veteran's alopecia, characterized by scarring affecting more than 40 percent of the scalp, is rated at 20 percent since April 1, 2007.

The Veteran's application for VA improved pension benefits was denied due to his income exceeding the maximum allowable amount.

The Board has denied the Veteran's claim for waiver of recovery of an overpayment of VA compensation benefits in the amount of $1,112.54 due to lack of financial hardship and no detrimental reliance on the part of the Veteran.