Other conditions decisions — 2010

The Board finds that the Veteran's left lower extremity DVT resolved without residual disability prior to discharge from active service. As a result, the August 2006 RO rating decision granting service connection for left lower extremity DVT was clearly and unmistakably erroneous.

The Veteran's respiratory/pulmonary problems were not shown to be related to service, and there is no evidence of a current left hip disability. The Board therefore denied both claims.

The Veteran's claim for service connection for a back disability is being remanded due to the need for additional VA examination and consideration of outstanding medical records.

The Board has granted service connection for hyperkeratotic callosities of both hands and keratoses of both feet, finding that the Veteran's conditions are related to his service.

The Veteran's appeal is being remanded for additional development to determine the nature and etiology of his claimed right ear disability, including otalgia and hyperacusis, as well as any psychiatric condition. The claims will be reviewed after this additional development.

The Veteran is seeking compensation under 38 U.S.C.A. § 1151 for tardive dyskinesia, which he claims was caused by the use of risperdal during his VA treatment. The Board has determined that further development is necessary to determine if the Veteran's tardive dyskinesia was permanently aggravated by VA care or treatment.

The Veteran's claim for an initial compensable rating for residuals of left varicocelectomy, including entitlement to a temporary total evaluation due to surgery requiring convalescence, is granted.

The appellant is not the Veteran's surviving spouse for VA death benefit purposes.

The Board denied the appellant's claim for retroactive payment of Dependents' Educational Assistance under Chapter 35, as the course was not approved by VA until August 9, 2005.

The Veteran's claim for service connection for a right eye condition, including aphakia and removal of cataracts, was granted effective from February 26, 2009. The Board found that the earliest possible effective date is this date.

The Veteran's right A/C joint separation with degenerative joint disease was not productive of favorable ankylosis, with abduction to 60 degrees, can reach mouth and head; limitation of motion of the arm at the shoulder level; nonunion of the clavicle or scapula with loose movement; or malunion of the humerus with moderate deformity. For the period from April 3, 2009, the Veteran's right A/C joint separation with degenerative joint disease was not productive of unfavorable ankylosis, abduction limited to 25 degrees from side; or fibrous union of the humerus.

The Veteran's appeal is being remanded to obtain additional evidence and for further examination.

The Board has denied the Veteran's claim for a compensable evaluation for his lipoma located under the left shoulder blade, finding that there was no evidence to support service connection for a soft tissue sarcoma and that the Veteran did not report for VA examinations.

The Board has granted service connection for dry eyes and vitreous detachment (floaters) with retinal traction, finding that these conditions are at least as likely as not etiologically linked to the Veteran's military service or a service-connected disability.

The Veteran's appeal is being remanded for further development, including an examination to assess the severity of his service-connected disabilities and their impact on his visual acuity.

The Board has remanded the case due to inadequate VA examination, and the Veteran needs a new VA eye examination to determine his bilateral eye disability.

The Veteran's claim for educational assistance benefits under Chapter 1606 of Title 10 of the United States Code was denied as he did not serve in the Selected Reserve of any branch of service, and therefore is not eligible for these benefits.

The Veteran does not have a heart disorder manifested by a heart murmur and palpitations, and the Board finds no evidence of service connection for this condition.

The Veteran's onychomycosis of both feet is not shown to meet the criteria for a compensable rating under VA's schedular criteria, and therefore his claim for an increased rating is denied.

The Board has remanded the case for additional development, including obtaining an opinion from the Under Secretary for Health regarding whether the Veteran's acute myelocytic leukemia is due to exposure to ionizing radiation in service. The appeal will be reconsidered after this development.