Other conditions decisions — 2017

The Board found that the November 1998 rating decision did not contain CUE in assigning initial 10 percent ratings for service-connected chondromalacia patella with ACL deficiency affecting both knees.

The Board denied the Veteran's request for waiver of recovery of an overpayment of VA nonservice-connected pension benefits, finding that it would not be against equity and good conscience to waive the debt due to the Veteran's lack of fault in creating the debt and his ability to repay.

The Board denied a compensable rating for post-repair nasal septum deviation as the evidence did not show that it was due to trauma, which is required for a compensable evaluation under VA's rating criteria.

The Veteran's appeal is being remanded due to inadequate opinions from the March 2016 VA examiners regarding whether his bone cancer and partial colon removal were caused by or became worse as a result of VA treatment. The Board requires additional opinions addressing these issues.

The Veteran's right hip disability has been rated at a 10% evaluation since April 4, 2016. The current level of disability is such that the Veteran meets the criteria for this rating.

The Veteran's service-connected bone spur at the distal aspect of the proximal phalanx of the left second toe is productive of pain and tenderness, warranting a 10 percent rating.

The Veteran's appeal for special monthly compensation based on the need for aid and attendance or being housebound has been dismissed due to his death during the pendency of the appeal.

The Veteran's application to reopen his claim for service connection for breathing problems or a lung disorder was denied. New evidence received since the August 2007 rating decision is not cumulative and raises a reasonable possibility of substantiating the claim.,The Veteran's application to reopen his claims for service connection for a right ankle disability and stroke were also reopened, but both remain pending as new and material evidence has been submitted.

The Veteran's right eye disability, which is service-connected, has resulted in a visual acuity of less than 20 degrees in his left eye since March 23, 2012. The Board granted a 90 percent rating for this period and also granted TDIU effective May 22, 2014.

The Board has remanded the case for further development due to the Veteran's incarceration, and a VA examination is needed to determine if his brain damage or cognitive impairment are related to service.

The Veteran's service-connected back disability is currently evaluated at 40 percent, but the evidence does not support a higher evaluation. The Board finds that there is no ankylosis of the thoracolumbar spine and the combined range of motion is sufficient to warrant a higher rating.

The Veteran's appeal is being remanded due to the need for a new VA examination and additional evidence regarding his care needs.

The Board found that the Veteran's current bilateral eye disorder, including conjunctivitis and blepharitis, is not caused by his in-service exposure to chemicals. The preponderance of evidence does not support a finding that there is a causal relationship between the Veteran's service and his current condition.

The Veteran's post shrapnel wound right thumb and index finger is currently rated at 30 percent, which is the maximum schedular rating available under Diagnostic Code 8515. The wrist condition has been rated as 10 percent disabling.

The Veteran's claim for an increased initial evaluation for service-connected seborrheic keratosis is being remanded due to the need for additional development, including a VA examination and review of private treatment records.

The Veteran's schizoaffective disorder has resulted in total occupational and social impairment throughout the appeal period, warranting a 100 percent disability rating.

The Veteran is seeking compensation under 38 U.S.C.A. � 1151 for severe chest and lung pain and difficulty breathing due to a VA exploratory thoracoscopy and lung biopsy on February 3, 2012. He contends that the carelessness or negligence of VA caused his additional disability.

The Board denied the appellant's claim for nonservice-connected pension benefits as his service is not qualifying for such benefits.

The Veteran's right third finger disability, manifested by painful motion and limited extension, is rated at 10 percent under Diagnostic Code 5229.

The Board has determined that the Veteran's leg cramps are not related to her service or a service-connected disability, and therefore denied her claim for service connection.