Other conditions decisions — 2011

The Veteran's claim for service connection for bilateral bone spurs of the feet is being remanded due to outstanding VA and private medical records that need to be obtained, as well as a VA examination.

The RO denied the appellant's request to reopen her previously denied claims for VA benefits due to a final decision finding that she wrongfully and intentionally caused the Veteran's death. The new evidence submitted by the appellant is considered cumulative of previous evidence, thus not meeting the criteria for reopening the claim.

The Veteran's appeal is remanded due to the need for a VA physician to review his medical records and determine if his condition was sufficiently stabilized prior to November 7, 2008, allowing him to be transferred to a VA or other Federal facility.

The Veteran's claim for an increased disability rating for his service-connected left eye injury, including blindness, discomfort and exotropia, is being remanded due to the need for further development, specifically a VA ophthalmologist examination.

The Board has determined that the Veteran's bilateral cataracts do not warrant a compensable rating as his corrected vision in both eyes is no worse than 20/40, which does not meet the criteria for a compensable rating under Diagnostic Codes 6078 and 6079.

The Board has determined that the Veteran's testicular cancer is related to his exposure to Agent Orange during service and grants the claim for service connection.

The preponderance of the competent evidence is against a finding that any chronic disorder of the eye and/or eyelid, to include eye cysts of the upper right eyelid and blepharitis, was incurred in or aggravated during military service.

The Veteran's appeal is being remanded for additional development, including obtaining information about his disability level and the basis of his total compensation. The claim will be readjudicated after this information is obtained.

The Board has determined that recovery of the overpayment of VA pension benefits, in the amount of $3,375.47, plus accrued interest thereon, is denied as it would not be against equity and good conscience.

The appellant's appeal is dismissed as he does not have custody of the Veteran's four minor dependent children and thus is not a proper claimant for VA death benefits on their behalf.

The Board has determined that the Veteran does not have residuals of an eye injury incurred or aggravated by service, and therefore, denied his claim for service connection.

The Board has determined that the effective date for service connection of PTSD should be December 5, 1969, as this is the earliest date it is factually ascertainable that the Veteran suffered from PTSD.

The Veteran's service-connected narcolepsy is rated at 80 percent, effective from the date of this decision.

The Board has dismissed the Veteran's appeal as there is no longer an issue of fact or law pertaining to a claim for VA benefits before the Board regarding service connection for residuals of frostbite of the left and right lower extremities.

The Veteran's claims for service connection for residuals of a head injury and for a compensable rating for left ring finger disability were denied. The evidence did not raise a reasonable possibility of substantiating the claims.

The Veteran's mood disorder is rated at 40 percent, effective March 20, 2004. The Board finds that the Veteran's pre-service mood disorder was not service-connected and should be evaluated as a separate condition.

The Veteran's left orchiectomy is currently rated at 30 percent, the maximum schedular rating available. The Board finds that referral for extraschedular consideration is not warranted as his disability picture has been contemplated by the applicable ratings criteria.

The Veteran's service-connected postoperative residuals of a pilonidal cyst are currently manifested by pain, burning, and itching at the surgical site, as well as monthly flare-ups of symptoms, which preclude sitting or ambulation for long periods and refraining from wearing certain types of clothing. The Board finds that the criteria for the assignment of a schedular rating of 10 percent have been met.

The Veteran's appeal for an increased rating for his right eye condition was dismissed due to the death of the appellant.

The Board has determined that the Veteran's aortic aneurysm is related to his service-connected status post aortic valve replacement for aortic stenosis and insufficiency, thus granting service connection.