Other conditions decisions — 2011

The Board has decided that the Veteran's claim of service connection for a nervous disorder should be remanded to obtain missing VA treatment records and provide further development.

The Veteran's claim for service connection for the residuals of a stroke, claimed as secondary to hypertension, has been resolved in his favor with the grant of service connection. As such, there is no longer any issue or controversy regarding this matter.

The Veteran's appeal was denied for an initial disability rating in excess of 10 percent for service-connected disorder of the right great toenail. The issue of entitlement to a total disability rating based on individual unemployability due to service connected disability (TDIU) has been remanded.

The Board has remanded the case due to the need for a VA examination to determine if the Veteran has a current bilateral ear disorder and whether it is related to his active military service.

The Board found that the overpayment was valid and granted a waiver of recovery, finding no fault on the part of VA but some fault on the part of the Veteran regarding his information about C., Jr. The decision also noted that recovery would not be against equity and good conscience.

The Board finds that the appellant's preexisting right leg injury did not worsen during service and there is no evidence of a separate inservice injury resulting in current right leg disability. Therefore, the claim for service connection for right leg disability is denied.

The Veteran's claim for service connection for a disability manifested by bilateral leg and hip pain is being remanded due to the submission of new evidence after the September 2011 Supplemental Statement of the Case. The file will be returned to the AMC/RO for consideration of this evidence.

The Veteran's left middle finger scar is rated as superficial and painful, warranting a 10 percent evaluation.,The Veteran's service-connected left eye disability does not meet the criteria for an evaluation in excess of 10 percent.

The VA terminated the appellant's improved death pension benefits due to her exceeding the maximum annual income limit for a surviving spouse without dependents, effective from June 1, 2006.

The Board has determined that further development is needed to determine if the Veteran's infertility is related to service, and has therefore remanded the case for a VA examination.

The Veteran's CIDP was not present during service or within one year of separation, and there is no evidence linking the condition to his military service. The Board finds that CIDP may not be presumed as incurred in service.

The Veteran's cerebral vascular accident was not incurred in or aggravated by active military service, nor may it be presumed to have been so incurred. The Board finds that the preponderance of the evidence is against the Veteran's claim for service connection.

The Board denied the appellant's claim for an earlier effective date of June 26, 2006, for the grant of service connection for the cause of the Veteran's death. The decision found that the appellant did not file a formal or informal claim within one year of her husband's death and thus the proper effective date is the date of her claim.

The Veteran's claim for service connection for a neurological disorder of the upper and lower extremities, including as due to an undiagnosed illness, is being remanded for additional development. The issue includes service connection for cervical and lumbar spine disc disease with bilateral upper and lower extremity radiculopathy and bilateral carpal tunnel syndrome.

The Veteran's current residuals of a back injury are etiologically related to an injury incurred during performance of reserve component service, and the Board finds sufficient evidence that this occurred during INACDUTRA. Therefore, service connection is granted.

The Veteran's right knee disability is rated at 10 percent, and the issues regarding chronic lumbar strain have been resolved with an initial rating of 10 percent. The appeal for higher ratings remains pending.

The Board has determined that the Veteran's death was caused by ischemic heart disease, which is presumptively service-connected due to herbicide exposure in Vietnam. Therefore, the appeal for service connection for the cause of the Veteran's death is granted.

The Veteran's appeal for service connection for esophageal cancer has been dismissed due to the death of the Veteran.

The Board has granted service connection for herpes simplex virus, but the Veteran's claims for erectile dysfunction and neuralgia are remanded due to conflicting medical evidence.

The Veteran's loss of vision in the left eye is attributed to a surgical procedure performed by VA, resulting in an additional disability. The Board finds that this additional disability was not caused by carelessness or negligence on the part of VA.