Other conditions decisions — 2012

The Veteran withdrew his appeal for the issue of entitlement to a rating in excess of 60 percent for bronchial asthma, on and after November 19, 2007. The case is dismissed.

The Board found that the overpayments were not based on sole VA administrative error, and thus the debts were valid. The appellant's fault in creating these debts was considered to outweigh any potential VA fault.

The Board found that there is no evidence of a hiatus hernia, gastrointestinal and stomach and/or throat symptoms during service or related to service. The claim for left knee disorder was remanded.

The Board found that the Veteran's nerve damage of both lower extremities was not incurred or aggravated by service, and is not proximately caused or aggravated by a service-connected disability.

The Board found that the Veteran does not have a current disability, including cerebral atrophy, related to his military service. The VA examiner concluded that there is no evidence of a cognitive disorder in service and that the events during service did not cause the Veteran's current condition.

The Board has remanded the case due to a procedural issue regarding representation, and further development is needed before a decision can be made.

The Board found no evidence that the Veteran's left leg condition is related to service or a service-connected disability, and denied his claims for service connection.

The Board has determined that the Veteran's colon cancer was not incurred in or aggravated by active service, may not be presumed to have been incurred therein, and is not caused or aggravated by a service-connected disability.

The Board has granted an effective date of March 17, 2001 for the grant of SMC for loss of use of both legs. The earliest date on which it is factually ascertainable that the Veteran lost the use of his lower extremities was March 17, 2001.

The Board is remanding the claims for further development, including verification of service dates and additional service in 2003, as well as obtaining medical opinions regarding the onset of heart attack during ACDUTRA and its relationship to stress-related disability.

The Board has reopened the claim for service connection for squamous cell carcinoma of the lymph nodes due to new and material evidence, but the claim is being remanded for further development.

The Veteran is not entitled to an additional month of compensation at the 100 percent rate for his total left hip arthroplasty as the effective date of compensation was March 1, 2007 and the one-year period ended on January 31, 2008. The Veteran's compensation at the 100 percent rate did not begin until March 1, 2007.

The appeal has been dismissed due to the death of the Veteran's daughter, who was the only person with an interest in the benefit sought.

The Board has granted a rating of 10 percent for bilateral direct hernia and separately assigned a 10 percent rating for the scars, finding that both conditions are adequately contemplated by the applicable rating criteria.

The Board found no evidence of a lung disorder during service or for many years after service, and there is insufficient medical evidence to establish a connection between the Veteran's current lung condition and his military service.

The Board has determined that the Veteran's passive aggressive personality disorder is not a disease or injury for which compensation can be awarded, and thus service connection cannot be granted.

The Board denied the Veteran's claims for service connection for malaria and for an initial compensable evaluation for bilateral hearing loss. The claim for service connection for residuals of burn injuries to right back, side, and arm was not addressed as it is a separate issue.

The Veteran's service does not meet the threshold requirements for eligibility for VA pension benefits due to lack of active military service during a period of war, and thus his claim must be denied as a matter of law.

The Veteran's shortness of breath and sore throat are being remanded for further examination to determine if they are related to his service-connected ischemic heart disease or exposure to Agent Orange.

The Veteran's service-connected mitral valve disease with premature ventricular contractions is rated at 60 percent since April 3, 2009. The claim for a higher rating prior to that date is denied.