Other conditions decisions — 2011

The Board found that the appellant's claimed residuals of his February 9, 2005 surgery were not caused or aggravated by VA carelessness, negligence, lack of proper skill, error in judgment, or foreseeable event.

The Veteran's claims for increased evaluations of his defective vision and skull fracture have been granted.

The Veteran's bilateral eye disability is manifested by corrected visual acuity of 20/25 bilaterally, and the Board finds that a 10 percent rating for active chronic BP is warranted.

The Board has granted service connection for schizoaffective disorder and failed back syndrome, finding that the evidence is in relative equipoise as to whether these conditions are related to service. The claim for numbness of the lower extremities remains pending.

The Veteran's claim for service connection for a liver disability was denied as there is no current evidence of such a condition. The claim for an increased rating for postoperative left knee injury with arthroscopy and partial meniscectomy remains pending.

The Board denied the Veteran's claims for increased disability ratings for his right and left knee disabilities, finding that the evidence did not support a higher rating than the current 30 percent assigned.

The Board found that the Veteran's lung disorder is not service-connected, as there was no evidence of a nexus between his current condition and his military service.

The Veteran's claim for a compensable disability rating for Osgood-Schlatter's disease of the right knee prior to April 9, 2008, and for a disability rating in excess of 10 percent from that date was denied. The RO found that the condition did not meet the criteria for a higher rating under VA regulations.

The Board found that the Veteran's disability manifested by dizziness was not incurred in or aggravated by service and denied his claim for service connection. The issue of an increased rating for bilateral hearing loss is remanded.

The Board has determined that new and material evidence has been submitted to reopen the Veteran's claim of service connection for a right orchiectomy as a result of seminoma. The Board concludes that it is impossible to say whether the disease was incurred during his military service, but there is at least an approximate balance of positive and negative evidence indicating that the testicular cancer or seminoma began before discharge from active duty.

The Veteran's request for waiver of overpayment of nonservice-connected disability pension benefits was denied because his waiver request was not made within the 180-day period following notification of the indebtedness.

The Board found that there is no evidence of a left foot disorder in service or within one year post-service, and the Veteran's current left foot disorder was not related to his military service.

The Veteran's appeal for service connection for congestive heart failure has been dismissed due to his death.

The Board has remanded the case due to the need for additional development, including obtaining SSA records and private treatment records from Lindsay Municipal Hospital.

The Veteran's claim for an increased disability evaluation for his right foot fracture residuals is being remanded due to the need for a VA examination and additional medical records.

The VA examiner found that the Veteran's skin disorder is not related to service or in-service herbicide exposure, and thus denied his claim for service connection.

The Veteran's service connection claim for cancer of the vocal cords is granted due to presumed exposure to Agent Orange during his Vietnam service.

The Veteran's claim for a one-time payment from the Filipino Veterans Equity Compensation Fund is denied due to his forfeiture of VA benefits based on fraud, which remains in effect.

The Veteran's claim for an earlier effective date for the award of additional benefits for dependents is dismissed as it represents a free-standing earlier effective date claim that challenges a final decision.

The Board finds that the Veteran's right leg disorder, specifically traumatic myositis ossificans of the right anterolateral femur, is due to an injury sustained during his period of active service. As a result, the claim for service connection is granted.