Other conditions decisions — 2017

The Board denied the Veteran's claim for service connection for a right foot disability, finding that his current calluses and degenerative joint disease are not etiologically related to service.

The Board has decided to remand the case for further development, including obtaining a VA examination and addressing the Veteran's service-connected right knee disability.

The Board found that the Veteran's death was not caused or aggravated by a service-connected condition, including his diabetes mellitus and Agent Orange exposure. The cause of death is attributed to carcinoma of the pancreas.

The Veteran's appeal for service connection for colon cancer, including as due to Agent Orange exposure and secondary to diabetes mellitus, has been withdrawn.

The Veteran's appeal for payment of a 10 percent rating during his incarceration is denied as there is no legal merit to the claim due to the law requiring that a Veteran rated at 10 percent is entitled to receive only one-half the compensation rate during incarceration.

The Board found that the Veteran's respiratory condition is not related to his military service, including on a direct basis or due to in-service asbestos exposure. The evidence does not establish that the Veteran's current respiratory condition manifested during service or is etiologically related to service.

The Veteran's lung nodule and multiple bilateral calcified pleural plaques are at least as likely as not attributable to service, specifically asbestos exposure.

The Veteran's claim for nonservice-connected pension benefits is denied as he did not serve in the Republic of Vietnam and therefore does not meet the eligibility requirements.

The Veteran's service-connected status post arthroplasty of the right fifth toe is rated at 10 percent, and the Board finds that this rating is appropriate given the current level of disability.

The Veteran's service-connected metromenorrhagia with associated anemia caused marked interference with employment, and the Board granted a rating of 50 percent for this condition from December 29, 2010 to April 18, 2013.

The Board has reopened the Veteran's claim for service connection for a left hand disability, but remanded to obtain an opinion on whether any current left hand disabilities are related to service or service-connected conditions.

The Board found that the overpayment of disability compensation in the amount of $5,166.07 was validly created and denied waiver of recovery due to fault on the part of both the Veteran and VA.

The Veteran's dysthymia was rated at 50 percent prior to November 15, 2016 and increased to 70 percent effective November 15, 2016. The appeal for severance of service connection for erectile dysfunction based on CUE is granted, restoring the rating. The Veteran's prostatitis was restored from a 20% to a 60% evaluation.

The Veteran's residuals of a left tibia injury, including osteomyelitis, were found to meet the criteria for a 10 percent rating prior to July 25, 2015.

The Board found that the reduction of VA death pension benefits from $661.00 to $154.00 per month was proper and that the monthly pension amounts paid during the period from August 1, 2010 through December 2012 were correct.

The evidence does not establish a current diagnosis of temporal arteritis, and the Veteran's STRs are negative for any symptoms related to this condition. The Board finds that service connection is denied as there is no competent medical evidence linking the Veteran's current condition to his military service.

The Veteran requested reinstatement of VA disability benefits for a period from May 6, 2007 to October 1, 2009. The Veteran withdrew his appeal prior to the Board's decision.

The Veteran's claim for a higher initial rating for his bilateral cataracts with ptosis, status post welding burns remains on appeal after the RO granted service connection and assigned a 10 percent rating. The case is now remanded to obtain updated treatment records and schedule a VA examination.

The Board found that the Veteran's current left foot tendonitis disability was not present during service and is not shown to be causally related to active service. Therefore, the claim for service connection for a left foot and toes tendonitis disability has been denied.

The Veteran's appeal is being remanded for further development, including obtaining an opinion on the issue of whether his reported symptoms are residuals of his service-connected pituitary microadenoma.