Other conditions decisions — 2012

The Board has determined that the Veteran's current left mandible disability, diagnosed as condylar joint degeneration, is related to his in-service boxing injuries and thus service connection is granted.

The Veteran is denied entitlement to concurrent retirement and VA disability payment in an amount greater than $6,500 due to the prohibition against concurrent receipt of retired pay and VA disability compensation.

The Board has ordered the RO to search for and provide any other claims files for the appellant that may exist, including under file number C 29 601 173. If another claims file is found, its contents should be consolidated with the current claims file, as appropriate. The claim for one-time payment from the FVEC Fund remains denied.

The Board found that the February 1999 decision denying pension benefits was not clearly and unmistakably erroneous as it correctly applied the law at the time.

The Veteran's appeal is being remanded due to the need for a Travel Board hearing. The issues are whether VA correctly counted income from his pension plan and whether the overpayment of $1,177.00 was properly calculated.

The Board has determined that the Veteran's current low back disorder is etiologically related to his active military service, and thus grants service connection for this condition. However, there is insufficient evidence to establish a secondary service connection for a bilateral hip disorder.

The Board has granted service connection for the Veteran's claimed skin disorders (basal cell carcinoma and actinic keratosis) based on a finding that they are related to his in-service sun exposure.

The Board determined that the Appellant's military discharge under other than honorable conditions due to a continuous period of AWOL for at least 180 days bars him from receiving VA benefits.

The Veteran's service-connected anemia has been rated at a 10 percent disability rating since July 2006. The Board finds that the evidence supports this rating, as his hemoglobin levels have consistently measured between 11 and 13 grams per deciliter (g/dL), with associated symptoms such as fatigue, weakness, shortness of breath at rest, and lightheadedness.

The Veteran's claim for an increased disability rating for her service-connected left knee patellofemoral pain syndrome was denied as there is no evidence of more than mild left knee disability and the Veteran does not have any actual instability, subluxation, actual as opposed to voluntary limitation of flexion or extension of the left knee.

The Board has determined that there is no competent medical evidence to support the Veteran's claim for service connection for shin splints of the left lower extremity.

The Board found that the Veteran's right great toe disability was not caused by VA medical treatment and thus denied his claim for compensation under 38 U.S.C.A. § 1151.

The Veteran's claim for a higher evaluation for actinic keratosis since July 21, 2011 was denied as the disability did not meet the criteria for a rating higher than 60 percent.

The Board found that the Veteran's current dizziness is not related to his active service and denied his claim for service connection.

The Board found that HIV is not causally or etiologically related to any disease, injury, or incident in service and denied the claim for service connection.

The Veteran's appeal is being remanded for further development, including obtaining an examination to determine the etiology of his claimed disabilities and assessing the severity of his service-connected respiratory disability.

The Board denied the appellant's claim for a one-time payment from the FVEC Fund due to lack of qualifying service, as determined by the National Personnel Records Center (NPRC).

The appellant was not recognized as a helpless child due to his permanent incapacity for self-support prior to turning 18 years old.

The Board has denied the Veteran's claim for service connection for a lumbar spine disability, and his claim for an initial compensable rating for left testicular atrophy on an extraschedular basis. The evidence does not establish a nexus between the Veteran's current conditions and his military service.

The Veteran's claim for service connection for a respiratory disorder, including bronchiectasis, was denied. Her claim for an increase in the evaluation of her right salpingo-oophorectomy with chronic pain due to pelvic abdominal adhesions was also denied.