Other conditions decisions — 2018

The Board has determined that the overpayment of VA educational assistance benefits in the amount of $23,367.93 was improperly created and is therefore not valid.

The Board granted a 20 percent rating for the service-connected right femur disability effective from June 29, 2011. The claim for an earlier effective date for radiculopathy was also granted.

The Board found that the Veteran's right and left knee chondromalacia did not meet or approximate criteria for a higher rating than 10 percent, as there was no evidence of limitation of motion to at least 45 degrees in flexion or extension.

The Veteran's service-connected right knee patellofemoral degenerative joint disease was rated at 20 percent from April 16, 2007 to May 5, 2009 and from August 1, 2009 to August 29, 2011. The Board found that the evidence did not support a higher rating during these periods.

The Board found that the Veteran's current right upper extremity disability did not manifest during or as a result of his military service.

The Board has determined that the Veteran's service-connected right little finger disability does not warrant a compensable rating, as it does not meet the criteria for amputation or ankylosis.

The Board denied the Veteran's claim for service connection for bilateral Achilles tendon nodules, finding that there was insufficient evidence to establish a link between his current condition and either his active duty or his service-connected testicular cancer.

The Veteran's appeal for a higher rating for his bilateral eye disability was denied. The issue of entitlement to TDIU has been raised but not adjudicated by the AOJ.

The Veteran is entitled to an extension of the delimiting date for educational assistance benefits due to a physical disability not resulting from his own willful misconduct, specifically back pain preventing him from walking, standing, or sitting.

The Veteran's skin conditions of xeroderma and onychomycosis were rated at 10 percent prior to September 2, 2015. The rating was increased to 30 percent between September 2, 2015 and January 1, 2016 for the period covered by his use of corticosteroids. From January 1, 2016 onwards, a higher rating is not warranted.

The Veteran's appeal is being remanded for additional development, including a VA examination to determine the etiology of his impotence and its relationship to prescribed medications. A TDIU on an extra-schedular basis is also referred to the Director, Compensation Service.

The Veteran seeks service connection for cold injury residuals of the right hand, including Raynaud's disease. The Board has decided to remand this case due to incomplete medical opinions and need for updated treatment records.

The Veteran's right eye disability, rated as noncompensable prior to September 25, 2017, and as 10 percent disabling as of that date, was denied by the Board. The preponderance of evidence did not support a compensable rating for the condition prior to September 25, 2017, or any increased rating thereafter.

The Veteran's dental condition is not service-connected for compensation purposes due to lack of evidence showing a connection between his in-service exposure to ionizing radiation and his current periodontal disease. The Veteran does not meet the criteria for VA outpatient dental treatment eligibility.

The Board has determined that the Veteran's right ATCS warrants a 20 percent rating, effective from April 8, 2015. Additionally, separate ratings of 10 percent each have been granted for mild, incomplete paralysis of the right internal tibial nerve and mild, incomplete paralysis of the right posterior tibial nerve, both effective since April 8, 2015.

The Veteran's appeal has been dismissed because he died during the pendency of his appeal, and thus the Board does not have jurisdiction to adjudicate the merits of this case.

The Veteran's brain tumor is not related to service, including exposure to radiation, herbicide agents, or asbestos.

The Veteran's vision disability is attributed to refractive errors, which are not considered diseases or injuries for VA compensation purposes. The Board finds that the preponderance of evidence does not support service connection and denies the claim.

The Veteran's claim for service connection for scoliosis and a gastrointestinal disorder (claimed as irritable bowel syndrome) was denied. The Board found that the current GI disorder is not related to service or any service-connected disability, while the low back condition (scoliosis) could not be linked to service either.

The Veteran's appeal is remanded due to the need for additional medical examinations and records, particularly regarding his service-connected Morton's neuroma and any other left foot or leg disorders.