Other conditions decisions — 2014

The Board has determined that the Veteran does not currently suffer from a disability of the middle toe on his right foot, and thus service connection is denied.

The Board has granted a separate 10 percent evaluation for the service-connected Frey's syndrome, finding that it should be rated under Diagnostic Code 8205.

The Board has remanded the case due to a need for an addendum opinion from a VA counseling psychologist or VRC regarding whether the Veteran had an employment handicap during his period of work as a U.S. Navy lab technician.

The Board found that a lung disability did not begin during the Veteran's active duty for training and was not aggravated by his military service. The evidence does not support a finding of aggravation, and there is no clear and unmistakable evidence to rebut the presumption of soundness.

The Veteran's hydronephrosis is currently rated at 30 percent, which is the maximum rating available under Diagnostic Code 7509. The Board found that a higher rating was not warranted as there were no manifestations of renal dysfunction or hypertension.

The Board found that the Veteran's lumbar spine disorder, diagnosed as spondylosis and a herniation of the L5-S1 disc, was not incurred in or aggravated by service and is not related to service. Therefore, service connection for this condition was denied.

The Board denied the Veteran's request for waiver of recovery of an overpayment of Department of Veterans Affairs disability compensation in the amount of $7,251.33 as it was not timely received.

The Veteran's appeal is being remanded for additional development to clarify the nature and etiology of his toe and foot disorders, as well as to obtain a new VA examination to determine the current severity of his service-connected left nephrectomy with normal right kidney with scar.

The appeal has been dismissed as the appellant's representative withdrew all claims and appeals before VA.

The Board found that the overpayment of $5,560 was valid and properly created. The Veteran's failure to report his SSA income led to the creation of this debt. However, there is no statutory bar to waiver of recovery due to lack of bad faith on the part of the Veteran.

The Veteran's post-operative deviated nasal septum is currently evaluated at 50 percent disabling, the maximum schedular evaluation under applicable criteria. The evidence does not support a higher rating.

The Veteran's claim for service connection for HB sickle cell disease was granted with an effective date of December 17, 2001. This decision is based on the reopening of her previously denied claim due to new and material evidence.

The Veteran's claim for service connection for a left hip disorder, to include tendonitis and bursitis, is being remanded due to the need for additional development. The issue includes consideration of whether the condition is secondary to his service-connected low back, bilateral knee, and right ankle disabilities.

The Veteran's claims for financial assistance in the purchase of an automobile and adaptive equipment, specially adapted housing, and special home adaptation are denied as his service-connected left eye disability does not meet the eligibility criteria due to the nature of his right eye disability.

The Board found that the Veteran did not have poliomyelitis or any residuals thereof affecting his lower extremities, and thus denied service connection for these conditions.

The Veteran's claim of service connection for a right hand disorder, specifically right thumb pain, is being remanded due to the inadequacy of the September 2009 VA examination. An addendum opinion is needed from another suitably qualified examiner.

The Veteran's claim for educational assistance benefits higher than 80 percent under the Post-9/11 GI Bill is denied as he does not meet the required creditable active duty service to warrant such benefits.

The Board denied the Veteran's claim for a certificate of eligibility for VA home loan benefits due to not meeting the minimum active duty requirements as per 38 U.S.C.A. § 5303A.

The Veteran seeks a compensable rating for multiple perianal fistulae, claimed as intestinal bowel disease. The case is being remanded due to the need for a new examination.

The Veteran's claim of service connection for prostate hypertrophy and urinary dysfunction is being remanded due to the need for additional medical examination to address etiology.