Other conditions decisions — 2010

The Veteran's appeal is remanded due to insufficient information regarding the nature and severity of his service-connected left flank muscle strain. An additional VA examination is needed to provide a current picture of the disability.

The Veteran's status-post left Achilles tendon repair was manifested by no more than moderate limitation of motion of the left ankle prior to April 26, 2005. The assigned 10 percent rating is appropriate.

The Board denied the appellant's claim for VA death benefits, finding that her late husband did not have qualifying service in the United States Armed Forces.

The Board has determined that the Veteran's varicose veins of the left leg are related to his active duty service and grants service connection for this condition.

The Board found that the Veteran's lung disability is not related to his service, and denied his claim for service connection.

The Board denied the Veteran's claim for service connection for a sleep disorder to include narcolepsy, finding that his pre-existing narcolepsy did not become more severe during active duty service.

The Veteran's bowel urgency and incontinence with rash associated with prostate cancer status post radiation therapy are rated at 30 percent, effective from the date of the decision. The Veteran's chilblains, right foot, and chilblains, left foot, are each rated at 20 percent, effective from the date of the February 17, 2010 examination.

The Board found that the appellant's discharge was due to willful and persistent misconduct, which is considered dishonorable conditions. As a result, his character of discharge bars him from receiving VA benefits.

The Veteran's claim for service connection for a gastrointestinal disorder is being remanded due to the need for additional development of his medical records and an examination.

The Board denied the Veteran's claims for earlier effective dates for increased ratings due to lack of factual ascertainability that there was an increase in disability within one year prior to January 31, 2006.

The Veteran's current low back disability is found to have first developed as a result of an in-service injury, and service connection for residuals of a back injury with paresthesia of the left lower extremity is granted.

The Veteran's claim for an increased rating for his right femur fracture with leg length discrepancy is being remanded due to the need for additional examinations and consideration of extra-schedular evaluation.

The Veteran's bladder disability, including urinary frequency and urgency, is presumed to have started during service due to his reported symptoms. The Board has determined that a medical opinion is needed to determine the likelihood of this connection.

The Board denied the appellant's claim for additional DIC benefits for D., S., and T. as adopted children of the Veteran, finding that they were not legally adopted and thus did not meet the eligibility requirements.

The Board has remanded the case due to the need for further development regarding the Veteran's exposure to asbestos during service and post-service, including a VA examination.

The Veteran's overpayment of disability compensation benefits from December 1, 1993 to February 18, 1998 is not waived due to fault on his part. However, the overpayment from February 19, 1998 forward is deemed to be VA's fault and thus waiver is granted.

The Veteran's claim for an initial evaluation in excess of 30 percent for interstitial lung disease and entitlement to a total disability rating based on individual unemployment (TDIU) is being remanded due to the need for additional development, including obtaining medical records and determining whether the Veteran was unemployable due to his service-connected interstitial lung disease.

The Board has determined that the appellant's left hip arthritis was permanently worsened during his active duty for training (ACDUTRA), and thus service connection is granted.

The Board has denied the Veteran's claim of service connection for bilateral varicose veins with deep venous thrombosis, status post-phlebitic syndrome as secondary to diabetes mellitus due to lack of new and material evidence.

The appellant's claim for a one-time payment from the Filipino Veterans Equity Compensation Fund is denied as he had no service with the United States Armed Forces.