Other conditions decisions — 2011

The Board has determined that the Veteran's application for waiver of overpayment was timely filed and denied. The case is now remanded to reconsider the validity of the debt, including the proper amount of overpayment, and to determine if a waiver request is warranted under the principles of equity and good conscience.

The Veteran's service-connection claim for residuals of in-service carbon tetrachloride exposure, including cognitive disorders and respiratory issues such as Ondine's curse, is granted. The Board finds that the Veteran has a current neurological disability (central alveolar hypoventilation) related to his in-service exposure, but does not find service connection due to lack of continuity of symptomatology.

The Board dismissed the appeal due to the death of the appellant, and thus has no jurisdiction to adjudicate the merits of this claim.

The Board has remanded the case for further development, including obtaining medical records and scheduling VA examinations to assess the current severity of the Veteran's service-connected residuals of a right facial fracture.

The Board has vacated its March 2010 decision denying service connection for CTS of the right hand and remanded the case to allow for further development.

The evidence does not support a finding that the Veteran's current skin disorder, actinic keratosis, is related to his active duty service.

The Veteran's service-connected sycosis barbae is currently rated at 10 percent, and the evidence does not meet the criteria for a higher rating under the applicable diagnostic codes.

The Veteran's TMJ syndrome has been rated at 20 percent since January 23, 2008.

The case is being remanded due to incomplete information regarding the Veteran's TDY assignments in Southeast Asia. Further development, including obtaining specific details of his TDY destinations and related records, is required.

The VA determined that the Veteran's current respiratory disorder, including residuals of pneumonia, is not related to his military service.

The Veteran's claims for increased ratings for residuals of gunshot wounds to the left thigh and gastritis with peptic ulcer disease were denied. The VA determined that the current severity levels do not warrant higher ratings.,Specifically, the VA found that the Veteran's muscle injuries are classified as moderate for the left posterior thigh and moderately severe for the left anterior thigh, which do not meet criteria for a higher rating.

The Veteran's claims for an increased evaluation for narcolepsy and TDIU are being remanded due to the need for additional development.

The Board has determined that the Veteran's service does not meet the requirements for nonservice-connected death pension benefits due to his service in the Philippine Scouts, which is not considered qualifying active service for VA pension benefits.

The Board finds that the Veteran's current complaints of joint pain are not related to his active service and does not warrant service connection for arthritis, multiple joints.

The Veteran's appeal is being remanded for additional development, including a VA examination to determine the nature and etiology of any diagnosed cardiovascular disorder.

The Veteran's right eye injury has healed without active pathology, and his current visual acuity is no worse than 20/400 in the service-connected eye. The Board finds that a rating in excess of 30 percent for residuals of a right eye injury does not meet the criteria under VA regulations.

The Board has determined that additional development is needed to address the Veteran's claims, including obtaining medical records and scheduling examinations for a neurological examination of numbness in hands and an ophthalmology examination for left eye disorder.

The Board has remanded the case due to unresolved issues regarding the appellant's spousal status and her claim for service connection for the cause of death. The appeal will be addressed after these issues are resolved.

The Board finds that the Veteran's 2006 medical expense report for non-service connected pension benefits was timely received by VA prior to December 31, 2007.

The Veteran's residuals of a chip fracture of the proximal end of the right fifth metacarpal with periarticular osteopenia have not more nearly approximated favorable ankylosis of the wrist, and his disability is rated at 10 percent.