Other conditions decisions — 2011

The Board denied service connection for the cause of the Veteran's death, concluding that malaria did not contribute to his development of post-service chronic respiratory problems and ultimately caused or materially contributed to his lung cancer.

The Veteran's stress fractures of the right and left inferior pubic rams have not been shown to meet or approximate the criteria for a higher evaluation.

The Veteran's claim for nonservice-connected disability pension was denied due to his net worth exceeding the required limit. The RO/AMC will conduct further development, including considering any applicable income exclusions for unreimbursed medical expenses, and then readjudicate the case.

The Board has remanded the case for additional development due to inadequate medical opinions regarding the Veteran's claimed conditions.

The Board finds that the Veteran's colorectal cancer originated in service and was not caused by VA treatment. Therefore, service connection is granted. The claim for VA compensation under 38 U.S.C.A. § 1151 is denied as there is no evidence of negligence or fault on VA's part.

The Veteran's left inguinal hernia has not been shown to have recurred following his January 2005 surgery, and thus does not warrant a compensable disability evaluation.

The Board found no evidence of a current muscle disorder affecting the arms, back, and neck, and thus denied service connection.

The Veteran's claim for service connection for a skin condition was denied as there is no medical evidence establishing a link between his current skin condition and his military service.

The Board has determined that the Veteran's HIV was incurred during service and granted service connection for HIV.

The Veteran sustained a cerebrovascular accident as a result of VA's surgical procedure in January 1998 to remove a blockage from his common carotid artery. The surgery was performed without proper informed consent, and the Board found that this event was not reasonably foreseeable.

The VA Debt Management Center has not adjudicated the issue of the validity of the creation of overpayment and a statement of the case must be issued.

The Veteran's appeal for an increased evaluation for his service-connected right brachial plexus injury was denied as there is no evidence of muscle paralysis or partial paralysis, and the pain is attributed to soft tissue issues rather than neurologic impairment.

The Board finds that the Veteran's right wrist de Quervain tenosynovitis is not related to his service, as there is no evidence of a chronic condition in service or continuity of symptoms since service. The cervical spine disability also does not meet the criteria for service connection.

The Board found that there is no evidence of a left eye injury or disease in service, and the Veteran did not experience chronic symptoms of eye disorder in service. The Board also found that the Veteran did not have continuous post-service symptoms of eye disorder. Therefore, the claim for service connection for residuals of traumatic iritis of the eyes was denied.

The Veteran's eye disability, including mild cataracts, is not considered service-connected as it was not caused or aggravated by his service-connected diabetes mellitus.

The Veteran's claim for an increased rating in excess of 10 percent for residuals of a laceration on the right bicep is being remanded due to the need for clarification and consideration of his current symptoms.

The Veteran's claim for service connection for pulmonary embolism has been reopened, and he is now entitled to a rating of 40 percent for venous thrombosis of the left leg with post phlebitis syndrome and stasis dermatitis.

The Board found no evidence of a nexus between the Veteran's bilateral breast cancer and her military service, resulting in denial of all claims.

The Board has remanded the case due to a scheduling issue for a hearing, and no specific decision on service connection or DIC benefits is provided in this text.

The Board has determined that the overpayment of $21,904 was validly created due to the Veteran's failure to report his Social Security disability income. The debt has been recouped in full through withholding of retroactive awards for service connection and a subsequent award of total disability rating based on individual unemployability (TDIU). Waiver of this overpayment is granted as it would not be against the principles of equity and good conscience.