Other conditions decisions — 2012

The Board has denied the Veteran's claims for service connection for arthritis of multiple joints, myasthenia gravis, and residuals of a cold weather injury to both feet. The evidence does not support service connection on either direct or secondary basis.

The Veteran's claim for service connection for soft tissue sarcoma, including as due to exposure to herbicides, is denied because there is no current diagnosis of the condition.

The appellant is seeking an increased evaluation for his duodenal ulcer, which is currently rated at 20 percent. The case has been remanded due to the need for a videoconference hearing.

The case is being remanded for the appellant to be scheduled for a hearing before a Veterans Law Judge via videoconference at her local RO.

The Veteran's claim for service connection for residuals of trauma to the neck and upper back is being remanded due to the need for additional development, including obtaining VA treatment records and Reserve service medical records.

The Board denied the veteran's claim for one-time payment from the Filipino Veterans Equity Compensation Fund due to a lack of service as a member of the Philippine Commonwealth Army, including recognized guerrillas in the service of the United States Armed Forces.

The Board has granted service connection for basal cell carcinoma and found that the Veteran's in-service sun exposure contributed to the development of this condition. The issue of secondary service connection for memory loss impairment is remanded.

The Veteran's claim for service connection for a dental disorder was denied as the evidence did not show any in-service trauma or disability that would qualify for compensation purposes.

The Board found that the Veteran's subjective complaints of burning and tingling sensations in his feet are likely symptoms of his service-connected pes planus with plantar fasciitis, and thus have been attributed to a known clinical diagnosis. The evidence does not show any separate neurologic disorder involving his feet that had an onset during his period of service or is otherwise related to his service.

The Board has remanded the case for a hearing at a local VA office due to the Veteran's request.

The Veteran's claim for a waiver of overpayment is being remanded due to missing evidence. The issue of whether his pension benefits should be reinstated, now that he has submitted income verification reports, will also be addressed on remand.

The Veteran's appeal for basic eligibility for VA pension benefits was denied as he did not meet the requirements for active military service during a period of war.

The Veteran's service-connected residuals of a compression fracture of C5 with degenerative changes have not met the criteria for a compensable evaluation prior to September 23, 2005, and an evaluation in excess of 10 percent since that date.

The Board found that the Veteran's service-connected right and left knee disabilities have been manifested by pain without compensable loss of range of motion, no objective evidence of ankylosis, lateral instability or recurrent subluxation. As a result, the criteria for a disability rating in excess of 10 percent for both knees were not met.

The Veteran's appeal for a higher rating for his service-connected residuals of fragment wounds to the left forearm has been granted, with a disability rating of 40 percent effective as of the date of decision. The Veteran is no longer seeking an increased rating for carpal tunnel syndrome of the left wrist.

The Board found that the amount of VA compensation benefits withheld for the purpose of recouping military drill pay for the period from 1995 through 1998 was correct, and denied the Veteran's appeal.

The Board found that the appellant's discharge from service was under other than honorable conditions due to an AWOL period of 227 days. The appeal is denied as there is no evidence showing the appellant was insane at the time of his offense.

The Board denied the Veteran's claim for an earlier effective date for her spouse J.P.D., finding that she did not provide timely notice of her divorce and remarriage, which resulted in overpayment. The Veteran argued that there was only a two-week gap between her marriage to S.L.H. and her marriage to J.P.D., but the Board found no evidence of such notification.

The Veteran's claim for an initial disability evaluation in excess of 10 percent for status post fracture of the proximal interphalangeal joint of the left index finger has been denied as there is no evidence of ankylosis, arthritis, or other functional impairment that would warrant a higher rating.

The Board finds that the Veteran does not have a dental disorder for which compensation can be authorized.