Other conditions decisions — 2011

The Board found that the Veteran's service-connected residuals of bilateral inguinal hernias, status-post repair have been manifested by no more than recurrences and a lack of indication for a truss or belt. Therefore, an evaluation in excess of 20 percent is denied.

The Board has not complied with its September 2009 remand order to obtain the SF-522 and signed consent form for the July 2004 right thoracotomy. The case is REMANDED for these records to be obtained.

The Veteran's spouse is denied additional VA improved pension benefits for accrued benefits purposes as the Veteran was not entitled to any VA periodic monetary benefits which were due and unpaid at the time of his death.

The Veteran's appeal is being remanded to the RO for further development of his service-connected disabilities, including a claim for residuals of an injury to the mouth. The T/R issue will be reconsidered based on all of his service-connected conditions.

The Veteran's cyclothymic disorder has been productive of occupational and social impairment with reduced reliability and productivity since July 14, 2003. The symptoms include disturbances of motivation and mood, difficulty in establishing and maintaining effective work and social relationships, and panic attacks more than once a week.

The Board found that the Veteran's overpayment of VA educational assistance benefits was valid and upheld the creation of this debt.

The Board has remanded the case for further development, including obtaining a signed copy of the Veteran's fellow soldier's statement and additional treatment records. The claim will be readjudicated in light of all new evidence.

The Veteran's service-connected residuals of syphilis have not resulted in any significant disability or impairment, and thus a compensable rating is denied.

The Veteran's service-connected posttraumatic syndrome with headaches and additional residual symptoms do not warrant an extra-schedular rating. His combined disability rating is currently 40 percent, which does not meet the criteria for TDIU.

The Board denied an earlier effective date for DIC benefits based on the appellant's sons' status as helpless children of the Veteran, finding that the appropriate effective date is August [redacted], 2003.

The Board denied the appellant's claim for recognition as the surviving spouse of the Veteran for VA benefits due to a lack of legally recognized marriage at the time of his death.

The Board found that the Veteran's claimed difficulty sleeping was not incurred in or aggravated by military service and denied his claim.

The Veteran's service-connected vitiligo warrants a 60 percent disability rating, as the condition has spread to cover approximately 50-60% of his body and requires constant systemic therapy with prescribed corticosteroids.

The Veteran's claim for service connection for a bilateral hand condition, to include as secondary to an undiagnosed illness, was denied because the evidence did not show that his current neuropathy either began during or was otherwise caused by his military service.

The Board has remanded the case for additional development, including obtaining SSA records and providing VCAA-compliant notice.

The Board found that the Veteran's death was not caused by a service-connected disability, nor did any other condition present during his lifetime substantially or materially contribute to his death. The cause of death listed on his death certificate was metastatic biliary cancer.

The Veteran's claim for service connection for a left inguinal hernia is being remanded due to the need for additional development, including obtaining more complete service treatment records and possibly an examination.

The Veteran's claim for an increased rating for residuals of a left hand and forearm injury was granted, but the effective date remains to be determined.

The Veteran is seeking service connection for endometriosis with menorrhagia and dysmenorrhea, which she claims was present during her military service. The Board has ordered additional development to obtain medical records from the Veteran's time as a dependent in the military and to schedule her for an examination by an OB/GYN specialist.

The Veteran's claim for special monthly compensation (SMC) based on loss of use of a creative organ due to his service-connected left testicle disability was denied as there is no evidence of loss of use of the creative organ.