Other conditions decisions — 2012

The Board found that the overpayment of $18,690 was properly created and denied recovery due to lack of fraud, misrepresentation or bad faith on the part of the Veteran. The decision also noted that recovery would not result in undue hardship for the Veteran.

The Veteran died from dementia and cerebrovascular disease, which are not service-connected. The Board finds that the Veteran did not meet the criteria for DIC benefits under 38 U.S.C.A. § 1318 as his death was not due to a service-connected disability.

The Board has granted the Veteran's claim of service connection for lichen simplex chronicus of the lower abdomen, finding that his symptoms are related to his active duty service.

The Veteran's claims for increased ratings and service connection were denied. The Board found that the evidence did not meet the criteria for a higher rating or service connection.

The Board has ordered a new VA examination to determine if the Veteran's current leg disorders are related to his military service, specifically his shrapnel injuries. The case is remanded for this purpose.

The Veteran's right shoulder disability has been characterized by moderate limitation of motion, with pain and weakness impacting his ability to raise his arm overhead. The Board found that the current rating adequately reflects this condition.

The Veteran's claim for service connection for a moderate obstructive lung defect is being remanded due to incomplete records and inadequate examination.

The Board has remanded the case for additional development of the record, including obtaining personnel records and determining if 38 C.F.R. § 21.7550(d) is applicable.

The Veteran seeks service connection for a right hand and arm disability, which he claims is related to boxing during military service. The Board has remanded the case due to inadequate examination reports.

The Veteran's claims for service connection for retinopathy and cerebral vascular accident residuals are denied as there is no current evidence of these conditions. The claim for an increased evaluation for PTSD prior to February 27, 2006 is also denied.

The Veteran is seeking compensation under 38 U.S.C.A. § 1151 for paraplegia/tetraplegia, claimed as a result of VA surgeries in May 1999 and June 2001. The claim has been remanded due to the need for additional records from the VA Medical Center in Long Beach and San Diego.

The Board has remanded the case for issuance of a Statement of the Case (SOC) regarding the denial of service connection for bladder impairment, as secondary to service-connected degenerative disc disease of the lumbar spine. The Veteran's disagreement with this decision indicates his intention to appeal.

The Veteran's skin disorder was not shown to be related to service, including his presumed exposure to Agent Orange in Vietnam. The Board found that the evidence did not support a finding of service connection for the skin disorder.

The Board denied the appellant's request for waiver of indebtedness in the amount of $23,929.00 as it was not submitted within the required 180-day period following notification of the debt.

The Board found that the Veteran's hysterectomy was not caused by a disease or injury incurred in service, and thus denied her claim for service connection.

The Board has determined that the Veteran's eye disorder, including refractive error with presbyopia, was not incurred in or aggravated by service and is not related to a service-connected disability. Therefore, service connection for this condition is denied.

The Veteran's left hip bursitis is manifested by tenderness, guarding of movement, pain, and limited range of motion. The Board finds that the current evaluation of 10 percent under Diagnostic Code 5253 for thigh impairment due to limitation of motion adequately reflects her disability.

The Veteran's lumbar spine disability was rated at 20 percent from July 2, 2003 to February 8, 2009 and increased to 40 percent effective February 9, 2009. The Board denied a higher rating for the period prior to February 9, 2009.

The Veteran's claim for service connection for arthritis of both hands was denied as there is no x-ray evidence of arthritis and the preponderance of evidence against a finding that his HIV caused or aggravated these conditions.,The Veteran's claim for an increased rating for HIV disability was denied as he did not show refractory constitutional symptoms or progressive weight loss.

The Board has granted service connection for bilateral shin splints, finding that the Veteran is shown to have had this condition during service and since. The other issues on appeal are remanded for further development.