Other conditions decisions — 2011

The Veteran's request for a waiver of recovery of an overpayment of non-service connected pension benefits is being remanded due to the need to address his challenge to the validity of the underlying debt.

The Board has reopened the Veteran's claim for service connection for organic brain syndrome as a residual of head injury due to new and material evidence. However, it is not established that the Veteran incurred an in-service head injury or any residuals thereof.

The Board has remanded the case for further development due to the need to obtain treatment records from the Veteran's private physician, Dr. Fraiche.

The Veteran's unauthorized medical expenses incurred at LE Cox Medical Center from May 31, 2007 to June 6, 2007 are being remanded for clarification of when the Veteran could have been safely transferred to a VA facility and whether such a transfer was feasible.

The Board has requested a medical opinion and the appellant submitted additional evidence. The case is being remanded to the RO for consideration of this new evidence.

The Veteran's claims for increased ratings and TDIU have been remanded due to the need for additional development, including a new VA examination.

The Board has remanded the case for additional development, including a VA examination to assess the Veteran's bilateral foot disabilities and their current severity.

The Veteran's knee disability, including traumatic arthritis and degenerative meniscus disease with a partial meniscectomy, is currently rated at 10 percent. However, beginning March 25, 2009, he was granted a separate compensable rating for mild instability of the left knee.

The Board found that the Veteran's skin disability was not incurred in service and denied his claim for service connection. The issue of total rating based on individual unemployability is pending.

The Veteran's claim for a rating in excess of 30 percent for postoperative splenectomy was denied. The maximum schedular rating available is 20 percent, which is the current evaluation.

The Board denied the Veteran's claim for service connection for epicondylitis of the left elbow, finding that it was less likely than not caused by his military service.

The Veteran's initial disability rating for costochondritis has been increased to 20 percent, effective from the date of service connection.

The Veteran's service-connected residuals of a fracture of the right third metatarsal are manifested by tenderness to palpation and pain on movement, which likely equates to the functional equivalent of metatarsalgia or moderate foot injury. The Board finds that a 10 percent disability rating for these residuals is warranted.

The Veteran's service connection claims for neurologic dysfunction affecting the extremities have been denied as there is no evidence of a current disability or a link to his military service. The Board found that any symptoms are attributable to fibromyalgia.

The Board denied service connection for the cause of death due to lack of evidence linking the cancer to service or a service-connected condition.

The Board found that the Veteran's death was not caused by, or substantially or materially contributed to by, a disability incurred in or aggravated by his active duty service.

The Veteran's residuals of left superficial peroneal nerve injury are manifested by complaints and objective findings consistent with mild incomplete paralysis, warranting a noncompensable evaluation.

The Veteran's claim for an initial rating of 20 percent for residuals of a right hand injury is granted, effective October 3, 2004.

The Veteran's claims for left eye blindness, left eye tumor, and colon disorder were denied as there is no evidence of these conditions during service or within one year after separation. The Board found that the Veteran did not meet the criteria for presumptive service connection due to herbicide exposure.

The Board has denied the Veteran's claims for service connection for bilateral hearing loss, tinnitus, respiratory illness (to include as due to asbestos exposure), and sterility (to include as due to microwave radiation exposure). The evidence does not support a finding of current disabilities or a medical nexus between any claimed conditions and service.