Other conditions Board decisions

The veteran's residuals of a compression fracture at L3-L4 are currently rated 20 percent disabling, which is the maximum schedular rating available under the old and new criteria. The veteran's bilateral high frequency hearing loss is currently rated noncompensable.

The Board denied the appellant's request for a waiver of overpayment of VA death pension benefits, finding that recovery would not be against equity and good conscience.

The Board granted service connection for residuals of a compression fracture of L4 with degenerative changes at L3 to L5, effective from July 2, 1996. The veteran's claim was reopened due to new and material evidence received from the service department.

The Board has confirmed the current rating of 10 percent for bilateral defective hearing, which is currently in effect since April 10, 2000. The preponderance of evidence does not support a higher rating.

The VA denied service connection for cardiovascular disease, concluding that the condition was not related to military service.

The veteran's appeal is remanded to the RO for further development, including a VA examination and compliance with previous Board of Veterans' Appeals (Board) orders. The case will be returned to the Board for readjudication if benefits remain denied.

The Board has denied the veteran's claims for service connection for hyperkeratosis of the skin and a disability manifested by a low sperm count, both of which are presumed to be due to herbicide exposure. The evidence does not support a finding that either condition is related to military service or any event thereof.

The Board has remanded the case to allow for a more comprehensive evaluation of the veteran's right shoulder disability, including detailed findings regarding any additional loss in range of motion due to pain or other factors.

The VA determined that the veteran's lung disability was not caused by VA medical treatment, as his condition existed prior to and continued after the treatment.

The Board has determined that the veteran's liver disease is not proximately due to or the result of his service-connected bronchial asthma.

The Board has denied the veteran's claim for a compensable rating for his service-connected prostatitis, finding that there is no evidence of symptomatology warranting such a rating under VA regulations.

The Board denied the veteran's claims for service connection for a fungal infection of the hands and feet, as well as his increased rating claim for residuals of a gunshot wound of the left little finger. The compensable evaluation claim for scar, residual of a shell fragment wound of the left flank was also denied.

The Board found that the veteran's skin condition, while present during service, did not meet the criteria for chronicity and was not shown to be related to service. As a result, the claim for service connection for a chronic skin disorder is denied.

The VA has granted a 10 percent evaluation for pulmonary emphysema effective May 25, 2005. The veteran's disability did not warrant any higher rating prior to that date.

The veteran's appeal is being remanded for additional development, including a VA examination to evaluate the severity of her service-connected residuals of excision of a thyroglossal cyst with history of spine accessory nerve damage and a VA scars examination. The case will be returned to the Board after this development.

The veteran's cause of death was due to malignant mesothelioma caused by asbestos exposure during military service. The Board granted service connection for the cause of death and eligibility for Dependents' Educational Assistance.

The Board denied the veteran's request for waiver of recovery of an overpayment of VA pension benefits in the amount of $1,235 due to unjust enrichment and lack of financial hardship. The decision found that neither party was significantly at fault in creating the overpayment.

The case is being remanded for additional development due to failure to comply with the VCAA.

The Board has determined that the veteran's HNP of L5-S1 is not service-connected, as it was not incurred during active duty and there is no clear and unmistakable evidence to rebut the presumption of soundness.

The Board has determined that new and material evidence has been received to reopen the claim of service connection for ankylosing spondylitis. However, the preponderance of the evidence is against a finding that the veteran's ankylosing spondylitis is causally related to his active service.