Other conditions decisions — 2018

The Veteran's claim for service connection for gynecological disorders other than fibroid tumors was denied. The Board found that the evidence did not establish a nexus between these conditions and active service.,Service connection for fibroid tumors was granted, effective from October 8, 2009.

The Board has determined that the Veteran's eye disabilities, other than bilateral ocular hypertension and bilateral tilted optic discs, were not incurred or aggravated during service. The preponderance of evidence does not support a finding of service connection for these conditions.

The Board found that the Veteran was unaware of the outstanding warrant issued by Florida, and thus at fault in the creation of the overpayment. The debt is therefore granted.

The Veteran's service-connected residuals of gunshot wound to the pleural cavity, pneumothorax, with damage to muscle group XXI lower left chest and lateral do not meet the criteria for a higher rating under Diagnostic Code 6843 (traumatic chest wall defect) as his FEV-1 is within the range that does not warrant a higher rating.

The Veteran's appeal is being remanded for further development and readjudication, including a comprehensive VA genitourinary examination to determine the functionality of his right testicle and whether his chronic epididymitis causes or aggravates benign prostatic hyperplasia (BPH).

The Veteran's left knee disability is currently rated at 10 percent for painful flexion, but no higher. The Board finds that the evidence does not support a higher rating.

The Board has remanded the case for additional development, including obtaining an opinion from an Oncologist regarding the nature and etiology of the Veteran's brainstem glioma. The claim will be reconsidered after this additional development.

The Veteran's lumbar spine disability has been rated at 40 percent since May 30, 2017. The rating is based on the criteria for a severe intervertebral disc syndrome (IVDS) with incapacitating episodes having a total duration of at least six weeks during the past year.

The Veteran's respiratory disorder, including emphysema, is due to his use of tobacco during service. The condition did not manifest in service and is not otherwise etiologically related to his service.,The Veteran's cardiovascular disorder is due to his use of tobacco during service. The condition did not manifest in service and is not otherwise etiologically related to his service.

The Board has determined that the Veteran does not have a current disability of the left ear or ear drum, and therefore service connection for residuals of a ruptured left ear drum is denied. The issue of entitlement to service connection for emphysema remains pending.

The VA Board found that the Veteran does not have a fistula in ano or impairment of sphincter control associated with his hemorrhoids, and thus denied his claim for a separate rating.

The Board has determined that the Veteran's HTLV condition is not service connected, as there is no evidence showing it was incurred or aggravated during his military service and it does not meet any presumptive conditions for Agent Orange exposure.

The Veteran's right ulnar nerve and right median nerve damage has been rated at 30 percent since June 14, 2016. The current rating is appropriate as the evidence does not show more than moderate incomplete paralysis of both nerves.

The Veteran's survivor's pension was discontinued due to the Appellant's countable income exceeding the maximum annual pension rate. The case is being remanded for a full review of unreimbursed medical expenses, which may reduce her countable income and allow her to continue receiving the pension.

The Veteran's metastatic tongue cancer was not incurred in service and may not be presumed to have been incurred due to herbicide exposure.

The Board has remanded the case due to non-compliance with a previous remand order, specifically failing to schedule an RO hearing as requested by the Veteran. The Veteran's current address is provided in VACOLS.

The Veteran's left hip total hip replacement residuals and degenerative joint disease were rated at 10 percent from September 22, 1995 to December 12, 1999. From April 1, 2001 to October 31, 2006, the Veteran was granted a rating of 70 percent for his hip conditions. The Veteran's condition from November 1, 2006 to February 17, 2011 warranted a 90 percent rating. From February 18, 2011, the Veteran is not entitled to any higher ratings.

The Board finds that the Veteran does not have a current diagnosis of a bilateral hip/abdominal disorder and thus, service connection for this condition is denied.

The Board has granted service connection for a lung disability with a left upper lobe cavitary lesion and hemoptysis, effective June 25, 2008. The Veteran's claim was reopened based on new evidence submitted in June 2008.

The Veteran's appeal was denied as the Board found that recovery of the overpayment would not be against equity and good conscience, despite finding fault on his part for creating the debt. The Veteran did not provide evidence showing undue hardship.