Other conditions decisions — 2013

The Veteran's appeal is remanded due to insufficient detail in the decision regarding his use of educational benefits, and a more detailed accounting must be provided.

The Veteran's decreased facial sensation to both mandibular areas was caused by VA dental surgery in 2002, and the proximate cause of this disability was due to carelessness or lack of proper skill on the part of VA. The event was not reasonably foreseeable.

The Veteran's claim for an increased rating for Bell's palsy, left side is being remanded due to the need for additional development of medical records.

The Veteran's cold injury residuals of the right and left feet have been rated at 20 percent each, with no evidence of tissue loss, nail abnormalities, color changes, or X-ray abnormalities. The current ratings are considered appropriate.

The Board has remanded the case for a new hearing due to scheduling issues, and will address whether new evidence was received to reopen lupus service connection for accrued benefits and entitlement to cause of death.

The VA examiner found that the Veteran does not have a current diagnosis of a disorder manifested by swollen lymph nodes and concluded that his lipomas are not related to service, including presumed herbicide exposure. The Board therefore denied the claim for service connection.

The Board has determined that the Veteran's thoracic inlet syndrome, including numbness and tingling of the bilateral upper extremities, is as likely as not related to his active military service.

The Veteran's claim for service connection for sterility was denied. The case is remanded to determine if his mucoviscidosis has worsened and to consider an increased rating.

The Veteran's appeal is remanded for additional development, including obtaining VA treatment records and scheduling a VA examination to assess the severity of his service-connected right hip disability. The claim for TDIU will also be addressed.

The Board denied earlier effective dates for the increased ratings of Organic Personality Disorder, Dysarthria and Swallowing Difficulty, and Nystagmus and Oculomotor Tracking Deficits of the Right Eye as no new claims were submitted prior to January 28, 2002.

The Veteran's claims for service connection for testicular cancer and benign prostate hypertrophy (BPH) were denied. The claim for a higher rating for bilateral hearing loss prior to July 25, 2013 was granted.

The Board found that the overpayment of $19,704.00 was properly created due to the Appellant's concurrent receipt of SSA disability benefits and VA death pension benefits. The Appellant was at fault for not notifying VA about her change in SSA benefits, while VA was not at fault. A partial waiver of $6,913.00 was granted based on factors of equity and good conscience.

The Veteran's back disability, including diffuse epidural fibrosis at L4-5 and degenerative findings at L4-5 and L5-S1, has not been shown to warrant a rating in excess of the current 40 percent assigned.

The Veteran withdrew his appeal for an increased rating for hernias, postoperative residuals of splenectomy.

The Veteran's appeal is denied as there is no evidence of a separate compensable rating for neurological impairment of the left index finger, and his claim for a rating in excess of 10 percent for orthopedic impairment remains unresolved.

The Veteran's current right leg disorder is not related to service or a service-connected condition, and the Board finds that it was not incurred during active duty.

The Veteran's skin disorder, claimed as a skin rash, is being remanded for further development including obtaining medical records and scheduling a VA examination to determine the etiology of his condition. The claim will be reconsidered based on the additional evidence.

The Veteran's service-connected prominent premaxilla with maxillary anterior segmental osteotomy with mid-line and posterior retroposition and gum disorder is currently rated at 10 percent for each side, but no higher.

The Board has determined that the Veteran's current skin disorder of the back and chest was not incurred in service and is not related to service, thus denying his claim for service connection.

The Board denied service connection for impetigo in the October 1995 rating decision, finding no evidence of a permanent residual or chronic disability. The Veteran did not appeal this decision and new and material evidence was not received within one year.