Other conditions decisions — 2017

The Board denied service connection for interstitial cystitis with secondary thrombosis/varicocele, bilateral testes. The Veteran's testimony and VA records indicate ongoing issues but the appeal is based on direct service connection rather than presumptive exposure.

The Board has remanded the case due to incomplete records and a need for a VA dental examination.

The Board has determined that the VA examination provided in May 2014 was not adequate and remands the case for an addendum opinion. The Veteran's neck disorder must be evaluated to determine if it is related to service, including a motor vehicle accident during active duty.

The Veteran's median nerve disabilities of the right and left upper extremities have been granted higher initial ratings, with a 30 percent rating for each condition effective May 25, 2016.

The Board has determined that recovery of the overpayment of $3,000.00 would not be against equity and good conscience due to the Veteran's financial status and the nature of the advance payment program.

The Board has determined that the overpayment of VA additional compensation benefits for a dependent in the amount of $5,039.10 should be waived due to financial hardship and undue hardship caused by recovery.

The Veteran's appeal has been withdrawn by his attorney, and thus the case is dismissed.

The Board has granted service connection for dry eye syndrome, status post-blepharoplasty, pseudoexfoliation of the right eye, and posterior lid margin disease (blepharitis), as secondary to the service-connected diabetes mellitus disability.

The Board is remanding the case to determine whether the Veteran's back or spine disability was incurred in the line of duty during service.

The Veteran's calcaneal spurs of the right heel are rated at 10 percent since January 9, 2006. His left ear hearing loss and bilateral hearing loss have been rated as noncompensable prior to June 3, 2015, but he is now rated at a compensable level from that date onwards. The Veteran's lumbar spine disability has also been rated at 20 percent since January 9, 2006. His TDIU claim remains pending.

The Veteran withdrew his appeal for an increased rating of his left toe disorder, resulting in the dismissal of this issue.

The Veteran's varicose veins disability of the bilateral lower extremities are manifested by at least persistent edema, pain, and aching that are incompletely relieved by elevation of the extremity or the wearing of compression stockings. The Board finds that additional development is required for claims of entitlement to ratings in excess of 20 percent for varicose veins of the lower extremities.

The Veteran's right lower extremity radiculitis was rated at 10 percent prior to July 27, 2012 and upgraded to 40 percent from that date. The claim for TDIU is addressed in the REMAND portion of this decision.

The Veteran's residuals of a right fifth metatarsal fracture are rated at 10 percent, the minimum compensable rating. The disability is considered minor compared to other service-connected and non-service-connected conditions.

The Veteran's claims for earlier effective dates for neurological impairment of the bilateral lower extremities are denied as there is no evidence indicating an intent to apply for service connection prior to September 25, 1996.

The Veteran's right leg varicosities with arteriosclerotic vascular disease are currently rated at 40 percent, effective March 16, 2016. The left leg varicosities are rated at 10 percent.,The Veteran is not entitled to a TDIU as his service-connected disabilities do not render him unable to secure and follow a substantially gainful occupation.

The Veteran's appeal has been withdrawn by the Veteran before a decision was made.

The Veteran withdrew her claim for a higher rating and extension of the 100% temporary rating for right foot hallux valgus, status post bunionectomy.

The Veteran's appeal with regard to the claim of entitlement to VA benefits on the basis of permanent incapacity for self-support prior to attaining the age of 18 years is dismissed due to the grant of such benefits in a previous decision. The remaining issues are remanded for further action.

The Veteran's tongue cancer, radiation fibrosis, scleroderma, and Raynaud's phenomenon are all found to be related to his in-service herbicide exposure.