Other conditions decisions — 2014

The Veteran's lichen planus is found to be related to service, while his right ear tympanic membrane perforation with tympanoplasty does not meet the criteria for a compensable rating.

The Veteran's service-connected PFB is manifested by less than 5 percent of the entire body or exposed areas affected, and no more than topical therapy required during the past 12 months. Therefore, an initial compensable rating for this condition is not warranted.

The Veteran's left elbow disability has been manifested by painful, but otherwise noncompensable limitation of motion. The Board finds that the current rating adequately reflects the severity of his disability.

The Veteran seeks service connection for his right and left hip degenerative joint disease, which resulted in total hip arthroplasty of both joints. The appeal is REMANDED to the Agency of Original Jurisdiction (AOJ) due to inadequate opinions regarding the etiology of the Veteran's hip disabilities.

The Veteran's prostate cancer was diagnosed in March 2009, and he received service connection for it based on presumptive exposure to herbicides (Agent Orange) in Vietnam. The effective date of this award is set at May 8, 2009.

The Board found that the overpayment of VA compensation benefits was properly created and is a valid debt, denying the appellant's appeal.

The Veteran's appeal is being remanded for further development, including a new VA examination to reassess his service-connected adjustment disorder with mixed emotional features and an opinion on whether he is unemployable due to this disability. The claims will be readjudicated after the additional evidence is considered.

The Veteran's appeal has been withdrawn, and the case is dismissed.

The Veteran's claims for service connection for fibroids and a hysterectomy, as well as her claim for special monthly compensation based on loss of a creative organ, are being remanded due to the need for further development. The case will be returned to the Board after any necessary examinations or additional evidence is obtained.

The Veteran's claim for service connection for a respiratory disability, claimed as asbestosis due to in-service asbestos exposure is being remanded for additional development including obtaining updated VA treatment records and scheduling the Veteran for an appropriate VA examination.

The Board denied the appellant's claim for basic eligibility to VA pension benefits as he did not render active military, naval, or air service in the Armed Forces of the United States.

The Board has determined that the Veteran's squamous cell carcinoma, left gingival, status post resection is related to presumed Agent Orange exposure during his service in Vietnam and grants this claim.

The Veteran's claims for service connection for eye and skin disabilities are being remanded due to the need for additional development, including obtaining personnel records and conducting VA examinations.

The Board has determined that additional development is necessary to determine the creation and calculation of the Veteran's overpayment debt, including clarification on how SSA benefits were factored into the calculations.

The Board found that VA correctly adjusted the Veteran's nonservice-connected pension benefits from April 1, 2009 and April 1, 2010. However, for the period January 1, 2010 to April 1, 2010, the monthly award amount was incorrectly calculated.

The Veteran is granted a 10 percent rating for his right hand injury with third metacarpo-phalangeal degenerative joint disease from December 17, 2010, to April 2, 2012. He is denied a higher initial rating after that date and service connection for carpal tunnel syndrome of the upper right extremity is granted.

The Board has remanded the case for further development due to insufficient medical records and need for a medical opinion regarding whether the Veteran's death was related to service.

The Board has determined that the Veteran's current right knee condition is not related to his active service, and thus denied his claim for service connection.

The appellant's son meets the criteria for death pension benefits as he served during a period of war and is not in the custody of his mother's surviving spouse. Their combined income did not exceed the maximum annual pension rate (MAPR) for 2009, allowing for the award of death pension.

The Veteran's disability evaluation for duodenal ulcer with esophageal reflux was reduced from 40 percent to 30 percent effective June 1, 2012. The Board found the reduction void ab initio and denied a higher rating.