Other conditions decisions — 2010

The Veteran's right inguinal hernia, status-post repair, has been manifested by constant pain and objective findings of tenderness but no recurrent hernia. The Board finds a rating in excess of 10 percent is not warranted as the evidence does not suggest that the Veteran has had a hernia at any time during the appeal period.

The Board denied the reopening of the appellant's claim for service connection for the cause of the Veteran's death and found that there was no clear and unmistakable error in prior rating decisions. The evidence did not establish direct service connection due to the cancer manifesting after separation from service, nor could it be presumed based on Agent Orange exposure as squamous cell carcinoma metastasizing to lung does not qualify under VA regulations for presumptive service connection.

The Veteran's right tibial plateau fracture is currently rated at 10 percent, and the Board found that a higher rating is not warranted. The TDIU claim was also denied as his service-connected disability does not render him unable to secure or follow a substantially gainful occupation.

The Board has restored a 20 percent rating for the residuals of a fracture of the left femur, finding that the disability picture more nearly approximates the criteria for this rating.

The Veteran's appeal is remanded due to the need for a new VA examination to assess the current severity and extent of his service-connected TMJ disability.

The Board has reopened the claim for service connection for a bowel or lower intestinal disability, to include Crohn's disease and colitis. The Veteran's current diagnosis of Crohn's disease is found to be related to his active duty service.

The Board has determined that additional development is needed, including obtaining information about the Veteran's post-service employment and any possible sources of asbestos exposure. The AOJ will consider all evidence in light of this new information to determine if service connection for cause of death can be granted.

The Board found no evidence linking a current brain condition to service, including exposure to chemicals during service. The Veteran's claim for service connection was denied.

The Board has determined that the recoupment of a VA overpayment from the appellant's personal funds was improper and has granted his request for repayment.

The Veteran's macular degeneration of the left eye has been rated as noncompensable, with visual acuity of 20/40 or better in both eyes and no incapacitating episodes. The claim for a higher initial rating is denied.

The Veteran's service-connected residuals of a shell fragment wound to the head and back are granted. The claim for an increased rating for residuals of a shell fragment wound to the right arm is denied, while the claim for a disability rating in excess of 10 percent for residuals of a shell fragment wound to the neck is granted.

The Veteran's bilateral hand injury and left knee disability have been previously adjudicated, with the November 1980 rating decision denying service connection for a bilateral hand injury. The left knee disability has been rated at 10% since July 2001.

For 2005, the Veteran's annual countable income was excessive for receipt of disability pension benefits.,For 2006, the Veteran's annual household income was properly calculated for purposes of determining VA pension benefits.,For 2007, the Veteran's annual countable income was excessive for receipt of disability pension benefits.

The Veteran claims his chronic lymphocytic leukemia is related to herbicide exposure during service. The VA will need to verify if the USS Midway was in Vietnam waters or docked at a Vietnamese port, and determine if he served within the Republic of Vietnam.

The Veteran's claims for service connection for immunoglobulin A monoclonal gammopathy, multiple myeloma, and/or chronic lymphocytic leukemia as due to herbicide exposure are being remanded. The claim for service connection for peripheral neuropathy is also being remanded as it is inextricably intertwined with the issue of service connection for these conditions.

The Veteran's bilateral leg disabilities, including left Achilles tendonitis, were found to be related to service. Right Achilles tendonitis was also found to be related to service.

The Board denied service connection for post-operative residuals of right foot Haglund's deformity and gastrocnemius resection, and granted service connection for post-operative residuals of left foot Haglund's deformity and gastrocnemius resection with a 10 percent evaluation effective June 22, 2007.

The Veteran's alopecia areata affects only a one square centimeter area of the scalp, with no residual scarring or loss of function. The disability does not meet the criteria for an initial compensable evaluation.

The Board found that the Veteran does not have a cardiac disorder other than hypertension, and there is no evidence showing it was caused or aggravated by his service-connected diabetes mellitus and/or hypertension.

The Board has denied the Veteran's claim for service connection for basal cell carcinoma on the tip of his nose with painful scar on the forehead, finding that there is no persuasive medical evidence showing a link between the condition and active duty.