Other conditions decisions — 2011

The Veteran's service-connected scars have been granted increased ratings of 10% each for the residuals of right and left herniorrhaphies. The Court affirmed these decisions, but noted that an increased rating for his bilateral inguinal hernias is warranted based on a recent hospitalization in August 2010.

The Board has determined that the overpayment of $653.34 was solely due to VA error and not the Veteran's responsibility, thus granting the waiver.

The Veteran's service-connected residuals of a fractured left calcaneus are currently rated at 20 percent, which is the maximum rating available under the applicable diagnostic code.,Prior to September 15, 2008, the Veteran's service-connected residuals of pelvic fractures were rated as 20 percent disabling. Since then, her disability has been recharacterized and rated as 20 percent disabling.

The Board has determined that the Veteran's right hand disability, specifically a fracture of the 5th metacarpal with pain and intermittent spasm, is related to his military service.

The Veteran's right knee disability, including a lateral meniscus tear and degenerative joint disease, is currently rated at 10 percent for the tear. The limitation of extension associated with these conditions has not been found to warrant an increased rating.

The Veteran's claim for service connection for the residuals of a head injury was previously denied in 1983. New evidence has been submitted, but it does not establish new facts necessary to reopen the case.

The Board has remanded the case for further development and an examination to determine if any current back disorders are related to service, including a fall in service. The Veteran's claim for depression secondary to his back disability is also on appeal.

The Veteran's appeal is being remanded to the RO for additional development, including obtaining medical records and scheduling VA examinations. The claims of service connection for alopecia and a bilateral foot disorder are pending.

The Board has determined that new and material evidence has been submitted to reopen the claim of service connection for a thoracic spine disorder. However, the claim remains denied as there is no probative evidence showing a nexus between the current thoracic spine disorder and service.

The Veteran's pleural fibrosis with severe restrictive lung impairment is at least as likely as not related to his in-service asbestos exposure, and the Board concludes that service connection for this disability should be granted.

The Veteran's cardiac disorder and bilateral eye disorder were not shown to be related to his military service.,Service connection was granted for the bilateral eye disorder based on a presumption of service connection due to exposure to burn pits.

The Veteran's mood disorder, diagnosed as a mood disorder not otherwise specified (anxiety and depression) with schizoid personality disorder, was granted an initial evaluation of 50% effective December 13, 2010. The RO also granted an earlier effective date of August 20, 2003 for the grant of service connection.

The Veteran's service-connected residuals of a gunshot wound with fracture and muscle group XII injury of the left leg are currently evaluated as 30 percent disabling, which is the maximum evaluation authorized under Diagnostic Code (DC) 5323. The Board finds that there is no basis to grant an increased rating.

The Veteran's claim for non-service-connected pension benefits was denied as he did not have qualifying wartime service.

The Board has determined that additional development is necessary to properly adjudicate the Veteran's claim for service connection for a disorder of the left foot, including his claimed bunion and degenerative joint disease. The case will be remanded for further action.

The Veteran does not have current disability due to stress fractures of the lower legs incurred or aggravated during service.

The Veteran's claim for an earlier effective date for the grant of service connection for ulcerative colitis was denied as his initial claim was filed within one year of discharge and he did not file a timely appeal of the February 1977 denial. The RO granted service connection retroactively on March 9, 2007.

The Veteran's service connection claim for gout is granted as his current symptoms are related to his military service.

The Board has determined that new and material evidence has been received to reopen the Veteran's claim for service connection for sleep disturbance caused by his service-connected PTSD. The Veteran currently experiences a sleep disturbance that is linked to his service-connected PTSD.

The Veteran withdrew his appeal for the issues of entitlement to an initial evaluation in excess of 30 percent for service-connected residuals of esophageal tear and to an initial evaluation in excess of 10 percent prior to February 18, 2010 and in excess of 30 percent beginning February 18, 2010 for service-connected multiple residual scars on the chest and abdomen associated with residuals of esophageal tear.