Other conditions decisions — 2015

The Board found that the Veteran did not have lung carcinoma during service and concluded that it is less likely than not related to his military service. The death was attributed to smoking, which increased the risk of developing lung cancer.

The Veteran's right leg muscle strain disability has been rated at the maximum available rating (10 percent) since July 1975. The Board found that his current symptoms, including pain and mild loss of muscle strength, do not warrant a higher rating.

The Board denied the Veteran's claim for service connection for testicular cancer, finding that it did not manifest during active service or within one year of separation and was not caused by his service. The evidence showed a diagnosis of classic seminoma but no overlapping symptoms or features such as fatigue, pain, disability out of proportion to physical findings, or inconsistent demonstration of laboratory abnormalities.

The Veteran's TDIU claim is granted, and his increased rating for residuals of pelvic fractures remains denied.

The Board has granted a 20 percent rating for each of the Veteran's right and left leg myositis, reflecting moderately severe injuries to Muscle Group XI.

The Veteran's appeal is being remanded for a new VA examination to assess the current severity of his service-connected left shoulder disability, including any associated surgical scars.

The Veteran's appeal is being remanded for further development, including a VA examination to determine if his numbness of fingers and feet may be related to herbicide exposure in Vietnam.

The Veteran's spouse/appellant is seeking an increased apportionment of his VA benefits. The current decision grants $45 per month, but the appellant wants more. The case is being remanded for additional development to determine if the couple is divorced and to gather updated financial information.

The Veteran's current chest disability, diagnosed as costochondritis, is found to be due to a fall he sustained during his military service. Service connection for this condition is granted.

The Veteran's appeal is being remanded for additional development, including obtaining private medical records and conducting a VA examination. The issues of entitlement to increased ratings for Von Willebrand's angiohemophilia and service connection for a bilateral foot disorder are pending.

The Veteran's appeal is being remanded for further action, including a new VA examination and the acquisition of additional medical records.

The Board found that the recoupment of the total separation pay amount, including Federal income tax withholding, was proper and denied the Veteran's appeal.

The Board found that the Veteran's right elbow epicondylitis, which was initially granted in May 2011 with a 10 percent rating, did not warrant an increased initial disability rating during the appeal period.

The Board has determined that the validity of the overpayment must be addressed before proceeding with the waiver determination. The Veteran's request for a waiver will also need to consider whether repayment would cause undue financial hardship.

The Veteran's breast cancer and subsequent mastectomy are being remanded for a VA examination to determine if they are related to hormone replacement therapy prescribed during service.

The Board denied service connection for loss of feeling in the right arm and right hand, finding no evidence of such conditions during service or a nexus to service. The Veteran's bilateral flat feet claim is remanded due to lack of a Statement of the Case.

The Board determined that the discontinuance of the Veteran's VA compensation benefits from January 22, 2010, to June 17, 2011, based on fugitive felon status was not proper.

The Veteran's appeal for educational assistance benefits under the Montgomery GI Bill was denied because VA cannot approve enrollment in independent study programs, including online courses. The course Math 096 at the College of Southern Nevada is considered a remedial course and therefore not eligible for approval.

The Board denied the Veteran's request for an extension of his delimiting date for receiving Chapter 30 educational assistance benefits under the Montgomery GI Bill (MGIB) beyond July 18, 2002, as he did not sign a four-year commitment to the Selected Reserve within one year of his discharge from active duty.

The Board has decided to remand the case for additional development, including obtaining updated VA medical records and scheduling a VA examination to address the nature and etiology of the Veteran's claimed diverticulitis.