Other conditions decisions — 2010

The Board has decided to remand the case for additional development due to the Veteran's request for a Travel Board hearing.

The Veteran's discharge was due to pregnancy, which interfered with her performance of duty and did not result from her own willful misconduct. The Board found that this met the exception set forth in 38 CFR § 21.7042(a)(5)(vi) for eligibility under Chapter 30.

The Board has denied the Veteran's claim of entitlement to service connection for squamous cell carcinoma of the right forearm and right hand.

The Veteran's claim for an increased evaluation for her service-connected herniated nucleus pulposus, L4-L5 with hyperplastic ligamentum flavum and encroachment of dural sac was denied as the medical evidence did not show symptoms warranting a higher rating.

The Board has remanded the Veteran's claims for further development due to incomplete records and conflicting medical opinions.

The Veteran's claim for an initial compensable evaluation for his service-connected basal cell and squamous cell carcinomas is being remanded due to the need for updated photographs of his scars.

The Board has determined that the Veteran's testicular cancer and removal of lymph nodes are not related to his military service, including exposure to herbicides. As a result, service connection for these conditions is denied.

The Veteran's current blepharitis of the eyes is related to his military service. The Veteran does not have a current catarrhal fever disability, and no such disability was present during service or for many years thereafter. There is no evidence that the Veteran developed scars in the lungs or chronic bronchitis during service or for many years thereafter. The Veteran's squamous cell carcinoma of the skin did not develop during service and is unrelated to toxic gas exposure. The Veteran does not have a current laryngitis with choking and speech problems disability.

The Board has determined that the Veteran's bilateral shin splints do not warrant a higher evaluation as they are currently manifested by no more than moderate disability.

The Veteran is seeking compensation under the provisions of 38 U.S.C.A. § 1151 for additional disability caused by treatment due to surgery performed on May 17, 2004, at a VA facility. The Board has ordered further development including obtaining surgical records and scheduling an examination.

The Board denied the appellant's claim for an apportionment of the Veteran's VA compensation benefits, finding that she is no longer a dependent and does not have legal custody of the Veteran's children.

The Veteran's appeal is being remanded due to the need for additional development, including obtaining VA treatment records and providing proper VCAA notice.

The Veteran's service-connected paroxysmal atrial fibrillation is manifested by more than four episodes of atrial fibrillation per year demonstrated by ECG or Holter monitor, warranting a 30 percent evaluation.

The Veteran's claim for payment or reimbursement of medical expenses incurred at a private facility on March 29, 2006 is granted as the treatment was related to a nonservice-connected condition and met all criteria under 38 U.S.C.A. § 1725.

The Veteran's claim for service connection for a lung disorder was denied as there is no current diagnosis of a chronic, identifiable lung disorder.

The Board has determined that the overpayment in question was properly created due to the Veteran's failure to accurately report his income, which led to an overpayment of nonservice-connected pension benefits. The Committee denied the request for a waiver of recovery of this debt, finding that repayment would not be against equity and good conscience.

The Board denied the appellant's request to reopen her claim for recognition as the Veteran's surviving spouse, finding that no new and material evidence had been submitted.

The Board has determined that the Veteran's dental disease is not service-connected for compensation purposes, but it may be considered for treatment purposes.

The Board has determined that the Veteran likely developed nicotine dependence during service and is entitled to service connection for this condition, which in turn may be considered as aggravating his coronary artery disease.

The Board has remanded the case for additional development, including a new VA examination and consideration of newly submitted evidence. The Veteran's claim for service connection for fibromyalgia is pending.