Other conditions decisions — 2015

The Veteran's claim for service connection for a sinus disorder has been reopened, and the evidence now shows that he had chronic sinusitis during his active duty service. The Veteran is granted an increased disability rating of 60 percent for cardiomyopathy prior to May 1, 2009, but the reduction from 60 percent to 30 percent was proper and not restored.

The Board finds that the Veteran's left foot callous is as likely as not attributable to his active military service, and therefore grants service connection for a left foot callous.

The Board has decided to remand the case for further development and readjudication, including obtaining VA treatment records and scheduling a VA examination.

The Board dismissed the appeal due to the death of the appellant.

The Veteran's claims for service connection for CTS of the right and left hands are being remanded due to insufficient evidence. The issues regarding initial disability ratings for his shoulder disabilities remain unresolved.

The Veteran's gynecological disorders were incurred during her active service and the Board has granted service connection for these conditions.

The Veteran's appeal for service connection for a respiratory disability is dismissed as the benefit sought has already been granted in a September 2014 rating decision. The issue of recognition of HT, his child, as a helpless child for VA benefits is remanded.

The Board has vacated its previous decision and now requires an audit to determine the proper (after-tax) recoupment amount of the Veteran's disability severance pay, which will be used to re-adjudicate the appeal.

The Veteran's residuals of a septorhinoplasty are currently rated at 10 percent, the maximum rating available under Diagnostic Code 6502. The RO has determined that this is the appropriate evaluation given the severity of his symptoms and the current evidence of record.

The Veteran's urinary disability was incurred in service and the Board finds that it is at least as likely as not related to his service, including his in-service chlamydia infection. Service connection for a urinary disability is granted.

The Veteran's appeal for higher initial ratings for service-connected varicose vein of the right lower extremity has been dismissed as he withdrew his appeal in March 2015.

The Board has determined that the Veteran's death due to metastatic squamous cell carcinoma of the left tongue is causally related to his herbicide exposure during military service, and thus grants service connection for the cause of the Veteran's death.

The Board has remanded the Veteran's claims due to new evidence submitted by the Veteran, including a service treatment record from January 1983. The case is now to be reconsidered without regard to previous denials.

The Board denied service connection for residuals of a left distal tibia and fibula fracture (claimed as a chronic orthopedic disability of the left ankle) and arthritis of the left leg, finding that these conditions were not incurred or aggravated by military service.

The Veteran's appeal is being remanded for further development, including a VA examination to determine the percentage of exposed areas covered by actinic keratosis and the frequency and duration of use of systemic therapy such as corticosteroids or other immunosuppressive drugs during the past twelve months. Additionally, service connection for seborrheic keratosis is being remanded due to a pending notice of disagreement.

The Board found that the Veteran's right leg symptoms are not related to his service-connected lumbosacral strain and are more likely due to nonservice-connected degenerative disc disease of the lumbar spine.

The Veteran's current skin conditions, including basal cell carcinoma, actinic keratosis, and seborrheic keratosis, are not related to his military service. The Board found the VA examiner's opinion on the etiology of these conditions to be more probative than the Veteran's lay assertions.

The Veteran's overpayment of nonservice-connected pension benefits in the amount of $9,615.00 is waived due to VA's fault and undue hardship on the Veteran.

The Veteran's service-connected right fibula fracture is currently rated at 10 percent, the minimum rating available under VA regulations. The Board finds that his disability does not warrant a higher evaluation as there is no evidence of moderate knee or ankle disability.

The Board has remanded the case due to unclear information regarding the type and amount of SSA benefits received by the Veteran's wife, which is necessary for a proper determination on the reduction of nonservice-connected pension benefits.