Other conditions decisions — 2011

The Board has remanded the case for additional development, including obtaining service treatment records and VA medical records. The Veteran's claim of entitlement to service connection for residuals of a splenectomy is currently before the Board.

The Veteran's sling palsy of the left arm, which is rated under Diagnostic Code 8514 (radial nerve), has been granted a 20 percent rating effective June 8, 1976.

The appellant has requested an in-person Board hearing at the RO, and his request is granted. The case will be returned to the Board for further appellate consideration after scheduling the hearing.

The Veteran's appeal was dismissed due to their death, and the claim is no longer under consideration.

The Board found that the Veteran's muscle aches and weight loss did not meet the criteria for an undiagnosed illness under 38 C.F.R. § 3.317, thus denying service connection for these conditions.

The Veteran's initial claim for a compensable rating for left bunion deformity was granted, and he is now rated at 10 percent since November 3, 2004.

The Board found that the Veteran's bone spurs of both feet were not incurred in or aggravated by active military service, nor may they be presumed to have been so incurred.

The Veteran's claim for service connection for essential tremors of each upper extremity is being remanded due to the need for additional development, including obtaining medical records and conducting a new examination.

The Board denied the Veteran's claim of entitlement to service connection for Barrett's esophagus, finding that there was no evidence linking his condition to his military service or presumed exposure to herbicides.

The Board denied the Veteran's request for a waiver of recovery of an overpayment of pension benefits in the amount of $10,662. The decision stated that to require recovery would not be against equity and good conscience.

The Board finds that the Veteran's current aortic stenosis, status post aortic valve replacement surgery, was not incurred in or aggravated by active duty service and is not related to his service-connected organic mitral insufficiency with minimal left ventricular hypertrophy. The criteria for a temporary total evaluation for convalescence following an aortic valve replacement have also not been met.

The Board has determined that the Veteran's current disability manifested by dizziness is related to head trauma sustained during his active duty military service, and therefore grants the claim for service connection.

The Board has remanded the case for additional development, including a VA examination to evaluate the impact of the Veteran's service-connected disabilities on his employability.

The Veteran's claims for service connection for a lung disorder, claimed as coughing spasms, and for a tumor on the vocal cords have been denied. The Board finds that there is no evidence of any chronic lung disorder or tumor on the vocal cords related to his active duty service.

The Board found no evidence of current disabilities related to asbestos exposure or service, and denied the Veteran's claims.

The Veteran's claim for a higher evaluation for his service-connected residuals of an osteochondral fracture of the right talus was denied as he failed to appear at a scheduled VA examination.

The Board has denied the Veteran's request to reopen his claim of service connection for left varicocele, finding that no new and material evidence was submitted.

The Board found that the Veteran did not have loss of teeth due to combat-related trauma during service and denied his claim for service connection. The case was remanded, but no further action has been taken.

The Veteran's claim for service connection for gastritis was denied as there is no current diagnosis of gastritis and the February 2006 VA examination report concluded that there was no current disability.

The Board found that the recovery of the overpayment would not be against equity and good conscience, as it did not deprive the Veteran or his family of basic necessities.