Other conditions decisions — 2011

The Veteran's appeal has been withdrawn by the appellant, resulting in the dismissal of the case.

The Board has determined that the Veteran's cataracts are proximately due to or aggravated by his service-connected diabetes mellitus, and thus grants service connection for cataracts as secondary to diabetes mellitus.

The Board has decided to remand the case for further development, including scheduling a VA examination and readjudicating the claim.

The Veteran sustained a complex regional pain syndrome affecting the left arm as a direct result of a VA blood draw in June 2005, which was not reasonably foreseeable and for which no consent was given.

The Veteran is seeking service connection for cataracts. The VA has determined that a remand is necessary to determine the etiology of any current cataracts and whether they are related to active service.

The Board granted the Veteran's request to reopen his claim for service connection of muscle pain as due to an undiagnosed illness, finding that new and material evidence had been received. The Veteran now has objective indications of chronic muscle pain.

The Veteran's service-connected left heel spur was initially rated as noncompensable prior to August 2, 2010 and subsequently rated at 10 percent from that date. The appeal is granted.

The Board has remanded the case for further development and consideration, including obtaining additional documents from SSA and translating German records.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran was exposed to Agent Orange during his service in Korea, and further development is needed.

The Board denied the Veteran's claims for service connection for gastrointestinal problems, hearing loss, and tinnitus. The medical evidence showed that any increase in disability during or after service was due to the natural progression of the disease.

The Board has determined that there is no jurisdiction to adjudicate the merits of this claim at this time due to a lack of notice of disagreement and substantive appeal from the Veteran. The case was dismissed.

The Board found no evidence to support the Veteran's claims for service connection for excision of an infected gland of Littre (claimed as groin problems), lip and gum disorder, or a right hand disorder. The appeal was denied.

The Veteran's service-connected left hand disability has been rated at 60 percent, and the Board finds that a higher rating is not warranted.

The Board found that the Veteran's metastatic non-keratonizing squamous cell carcinoma was not incurred in or aggravated by service, nor may it be presumed to have been so incurred or aggravated due to herbicide exposure. The evidence did not show a link between his cancer and service.

The Veteran's prostate cancer is service connected due to presumed exposure to herbicides in Vietnam. The claims for brain, skin, and deep venous thrombosis disabilities are remanded for further examination.

The Board found that new and material evidence had not been submitted to reopen a claim of service connection for residuals of a head injury. The motion alleging CUE was denied.

The Veteran claims service connection for a sleep disorder, which he contends is related to his military service. The VA has not provided an adequate examination or opinion regarding the etiology of his current sleep condition and whether it is related to his service.

The Veteran's appeal is being remanded for additional development, including obtaining Social Security Administration records and VA examination reports.

The Veteran's former spouse, the appellant, received overpayment of VA compensation benefits due to a divorce that was not properly notified. The Board found that recovery would be against equity and good conscience, thus granting the waiver.

The Veteran's claims for higher ratings for his service-connected right and left knee disabilities have been granted, with the highest rating of 20 percent assigned for instability in the right knee.