Other conditions decisions — 2017

The Board has determined that the Veteran's current skin disorder, nasopharyngeal cancer, and recurrent aspiration pneumonitis/fibrosis are service-connected due to presumed exposure to herbicide agents during his active duty in Vietnam. The decision also grants service connection for these conditions.

The Board has remanded the case to refer the issue of entitlement to an extra-schedular rating for service-connected pelvic fracture residuals to the Director of Compensation and Pension Service. The Veteran argues that his service-connected disabilities warrant such a rating due to marked interference with employment.

The Board has granted a higher disability rating for residuals, fractured coccyx with degenerative joint disease from 20 percent to 40 percent. The claims for higher initial ratings for radiculopathy of the right and left lower extremities remain pending as they are part of the claim for increased compensation for the underlying condition.

The Board has determined that the Veteran's decreased perfusion in the bilateral parietal posterior temporal lobes with diffuse cerebral atrophy suggestive of Alzheimer's dementia is related to his exposure to ionizing radiation during service, and grants service connection for this condition.

The Board denied an earlier effective date for service connection of a voice disorder with chronic laryngitis and mild bowing of the vocal cords, finding that the earliest claim was received on October 15, 1998. The decision is upheld as there was no evidence of an earlier claim or error in applying the law.

The Board has determined that the Appellant's annual countable income exceeds the Maximum Annual Pension Rate (MAPR) for death pension benefits, and therefore she is not entitled to these benefits.

The Veteran's appeal is being remanded to obtain additional treatment records and for a VA examination regarding his penile deformity. The PTSD claim will be adjudicated based on the current evidence.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and DVR records. An addendum opinion on the relationship between service-connected obstructive sleep apnea or nasal obstruction with nasoseptal deviation and any diagnosed respiratory disorder will also be requested.

The Veteran's request for waiver of overpayment of CRDP in the amount of $1890.00 was granted because it would be against equity and good conscience to penalize him for VA's error in paying him duplicate CRDP benefits.

The Board has ordered a remand to ensure full development of the Veteran's claim for basic eligibility to receive nonservice-connected pension benefits, including obtaining medical records and income information. The Veteran is also required to undergo an examination while incarcerated.

The Board found that the overpayment of compensation benefits was properly created and denied a waiver of recovery due to the Veteran's fault in creating the debt, including her failure to inform VA about her incarceration and her request for a hearing.

The Board has determined that the termination of the Veteran's compensation benefits due to fugitive felon status was improper and therefore, his overpayment claim is dismissed.

The Veteran's prostatitis was rated at 60 percent from May 16, 2004 onwards. The Board found that the criteria for a higher rating were not met as there was no evidence of renal dysfunction.

The Veteran's enlarged prostate is not etiologically related to his first period of active duty service from February 1978 through February 1981. The abnormal PSA level first manifested prior to his second period of active duty, which began in January 2006, and there is no evidence his PSA levels were in any way aggravated by his second period of active duty service.

The Veteran's claim for service connection for restless leg syndrome, previously addressed as numbness to the right side of the right leg, is granted. However, his claim for an initial rating in excess of 10 percent for residuals of surgical scars to the neck remains denied.

The Board has determined that the Veteran's current left elbow disability, including medial and lateral epicondylitis and enthesopathy, is etiologically related to his in-service symptoms and finds service connection warranted.

The Board found that the Veteran's seborrheic keratosis was not manifested during his active duty service and is not related to any injury, disease or event in service. As a result, the claim for service connection for seborrheic keratosis was denied.

The Board has determined that the Veteran's current left index finger disability is not related to his active service, and therefore, denied his claim for service connection.,Similarly, the Board found no evidence linking the Veteran's current right elbow disability to his active service, leading to a denial of his claim for service connection.

The Veteran has been granted a 20 percent rating for bursitis of the right shoulder with limitation of motion from September 19, 2007 to November 29, 2016 and is denied a higher rating thereafter.,A similar 20 percent rating was also granted for bursitis of the left shoulder with limitation of motion during the same period.

The Board has determined that the Veteran does not have a current diagnosis of a neurological disability and therefore, service connection for neurological residuals of in-service pneumonia cannot be granted.