Other conditions decisions — 2017

The Board found no evidence to support the Veteran's claims for service connection of a right foot disability and a compensable rating for a surgical scar on his right knee. The Veteran's assertions were not supported by medical evidence, and the preponderance of the evidence indicated that any current neurological condition in the right foot was not related to service or a service-connected disability.

The Veteran's appeal is being remanded due to the need for a new VA examination and an opinion regarding his respiratory disorder, including any lung mass. The Veteran also testified that his symptoms have worsened since his last examination.

The Board found that the Veteran's skin condition was not incurred in or related to active duty service and denied his claim.

The Board denied the reopening of a claim for service connection for a right ear condition, finding that new and material evidence had not been received to reopen the previously denied claim.

The Board has remanded the case for additional development to verify the Veteran's in-service exposure to Agent Orange during service in the Korean DMZ.

The Veteran's claim for a higher rating for her jaw surgery complications is being remanded due to the need for additional medical examination and consideration of separate ratings for cosmetic residuals, headaches, and earaches.

The Veteran's disability benefits were not apportioned to his children from August 2007 to June 2010 due to the appellant demonstrating a financial need but also considering the undue hardship an apportionment would cause for the Veteran and other dependents.

The Veteran's left thumb disability is not service-connected, and the Board finds no evidence of a nexus between his current condition and service. The Veteran's lumbar spine disability has been rated based on its severity, but does not meet the criteria for an increased rating or TDIU.

The Veteran's claim for an increased rating for duodenal ulcer disease with gastritis was granted, and he is now rated at 30 percent effective from January 6, 2003. The issue of a TDIU rating remains pending.

The Board denied the Veteran's attempt to reopen his claim regarding whether his character of discharge from military service constitutes a bar to VA benefits, finding that no new and material evidence had been submitted.

The Board found that the Veteran's right and left lower extremity paraparesis and cerebellar dysfunction did not manifest during or as a result of active service, including due to exposure to herbicides, nor was it caused by or permanently made worse by a service-connected disability.

The Board denied the Veteran's claims for service connection for testicular cancer, Raynaud's disease, and an organic brain syndrome due to lack of evidence showing these conditions were incurred in or aggravated by his military service. The claim was not granted as the Veteran died before he could establish entitlement.

The Veteran's overpayment of dependency compensation benefits was validly created, and the Board found that recovery of this debt is not against equity and good conscience.

The Board has determined that additional development is necessary before the case can be properly adjudicated, including obtaining VA treatment records and scheduling a VA examination to address the etiology of the Veteran's ear disabilities.

The Veteran's fungal infection of both hands and feet has not met the criteria for a rating in excess of 10 percent. The Board found that his disability did not cover more than 20 to 40 percent of his body or exposed areas, nor did he require systemic therapy such as corticosteroids or immunosuppressive drugs for at least six weeks during any period of the appeal.

The Veteran's right hip strain was rated at 20 percent under Diagnostic Code 5253 from October 14, 2008. The Board found that the symptomatology associated with a 20 percent rating under this code is not more than what is contemplated by the current evaluation.,The Veteran's TDIU claim was denied as he has been gainfully employed since working at the VAMC in Salisbury, North Carolina.

The Veteran's annual family income exceeded the maximum limit set by law for nonservice-connected pension benefits in 2014.

The Board has determined that the Veteran's currently diagnosed basal cell carcinoma and squamous cell carcinoma were caused by his exposure to herbicides during service, warranting service connection.

The Board found that the Veteran does not have a diagnosed right upper extremity radiculopathy and/or neuropathy disability, and thus, denied his claim for service connection.

The Board denied a compensable rating for the Veteran's residuals of perforated left eardrum, finding that there was no evidence of suppuration or aural polyps.