Other conditions decisions — 2013

The Board found that the Veteran does not have hemochromatosis with liver transplant that is related to military service.

The Board found that the Veteran's right eye disability was not incurred or aggravated by service, nor is it proximately due to his service-connected diabetes mellitus. The evidence does not support a finding of service connection for this condition.

The Veteran's overpayment of nonservice-connected pension benefits was denied a waiver due to his fault in the creation of the debt, and repayment would not unfairly enrich him or defeat the purpose for which the benefits were intended.

The Board is requesting an opinion to determine if the Veteran's dizziness and loss of equilibrium are aggravated by his service-connected residuals of shell fragment wound to the back of his head and/or by his service-connected headaches. The case will be remanded for this purpose.

The Veteran's right hand disability was rated at 10 percent prior to February 15, 2007 and increased to 40 percent since then.,Since October 11, 2012, the Veteran is assigned a 30 percent rating for his right ulnar nerve disability.

The Board found that the Veteran does not have a current liver disorder related to his military service or any service-connected disability.

The Veteran's cause of death was not caused or substantially contributed to by a service-connected disability. The Board found that the Veteran did not have any service-connected disabilities at the time of his death, and there is no evidence linking his pituitary adenoma to his military service.

The Veteran received overpaid non-service-connected disability pension benefits from January 1, 2003 to April 30, 2004. The Board finds that the RO's calculations were incorrect and the Veteran was entitled to a lower monthly pension payment during this period.

The Board has determined that the Veteran's service-connected postoperative tonsillectomy does not result in any compensable symptoms, and thus a compensable evaluation is denied.

The Board denied the Veteran's claim for service connection for gout, finding no credible evidence of its onset during or immediately after service and insufficient medical evidence to establish a nexus.

The Veteran's current skin disease was not incurred or aggravated in service and may not be presumed to have been incurred therein.

The Board denied the Veteran's claim for service connection for Osgood-Schlatter disease and patellofemoral syndrome, finding that there was no evidence of a chronic ongoing condition in service or post-service. The examiner found no relationship between the current knee problems and any incident of service.

The Board has remanded the case for an actual examination by a urology examiner to determine the nature and likely etiology of the Veteran's genitourinary/penile disorder, if any. The examiner should provide opinions on whether the disability is related to service, including as due to a bout/suspected bout of gonorrhea or urethritis therein.

The Board has determined that the Veteran's left rib disability was not incurred during active service and is not related to any event, injury, or disease in service. The VA examiner found no evidence of a current disability and concluded it is less likely than not that the Veteran's current rib pain is related to his motor vehicle accident in service.

The Veteran's surviving spouse is not entitled to nonservice-connected death pension benefits due to her income exceeding the prescribed limit.

The Board has determined that new and material evidence has not been received to reopen the Veteran's claim for service connection for urethral stricture, as the submitted evidence does not relate to an unestablished fact necessary to substantiate the claim.

The Veteran died from atherosclerotic cardiovascular disease, which is recognized as etiologically related to exposure to herbicide agents (Agent Orange) during his service in Vietnam. The Board granted service connection for the cause of death based on this presumption.

The Board has remanded the case for additional development to determine if the Veteran's current upper back and neck disability is related to his service, specifically his first period of service from 1983 to 1987.

The Board has restored the Veteran's original 20 percent disability rating for his service-connected left knee condition, effective from December 11, 2006.

The Board has reopened the claim for service connection of residuals of thrombophlebitis of the right lower extremity and has determined that new and material evidence has been received. The Veteran's condition is found to be related to military service, with aggravation likely due to its rigors.