Other conditions Board decisions

The Veteran seeks service connection for muscle spasms of the bilateral posterior upper legs and bilateral leg cramping. The Board has determined that additional development is needed to determine if these conditions are related to his period of active service, including a claimed in-service incident at Fort Dix, New Jersey.

The Board found that VA legally garnished $27,664 in VA disability compensation payments from February 1, 1992 to March 1, 1997 based on a state court order. However, the Veteran's entitlement to VA disability compensation benefits during the period from March 1, 1997 through July 2002 was denied as there is no legal basis for such benefits.

The Board denied increased ratings for service-connected residuals of shell fragment wounds of the right arm and neck, finding that the conditions were static with no new symptoms or complications.

The Veteran's request for a waiver of overpayment was denied because it was not submitted within the required 180-day period after notification of the overpayment.

The Veteran's left shoulder disorder is manifested by shoulder pain, weakness, and slight limitation of motion. The Board found that the disability does not meet or approximate criteria for a rating in excess of 20 percent.

The Board found that the termination of the appellant's VA death pension benefits based on excessive income, effective December 1, 2008, was proper and denied her appeal.

The Board has determined that the Veteran's cardiac disorder, to include hypertensive vascular disease, is not proximately due to or a result of his service-connected disability (diabetes mellitus and PTSD).

The Veteran's claim for service connection for a dental disability, including gingivitis and periodontitis, is denied as he does not have tooth loss resulting from trauma or disease (such as osteomyelitis) due to military service. He has only been diagnosed with advanced localized periodontitis.

The Veteran's service-connected keloids and pruritus on chest, upper back, arms, and flank have been manifested by raised keloids affecting less than 5 percent of the entire body; and by pruritus affecting greater than 5 percent but less than 20 percent of the entire body. The disability does not meet the criteria for a higher rating under VA's Rating Schedule.

The Board found that the Veteran does not have any musculoskeletal disorder related to his service and denied his claim for service connection.

The Veteran's chronic eye disability was not caused by VA carelessness, negligence, or similar fault during his 1973 knee surgery and is therefore not entitled to compensation under 38 U.S.C. § 1151.

The Veteran is entitled to continued special monthly pension benefits based on the need for aid and attendance of another person due to his non-Hodgkin's lymphoma.

The Board has decided to remand the case for additional development of medical records and authorization for release of private medical records.

The Board has remanded the case due to the need for a VA examination to determine if the Veteran's current foot disability existed prior to service and was aggravated therein, or whether it was initially incurred in service.

The Veteran's claim for an initial rating higher than 10 percent for the residuals of a left foot injury is being remanded due to outstanding records and need for further examination.

The Board has reopened the Veteran's claim and granted service connection for cancers of the larynx, pharynx, and tongue due to presumed exposure to herbicides during military service. The most probative evidence supports a finding that these conditions are related to his military service.

The Veteran's eye disability is a result of his VA treatment, but the Board cannot determine if it was caused by carelessness or negligence on VA's part. The case must be remanded for further development.

The Veteran's skin disorders, including Campbell de Morgan spots and active keratoses, were not incurred in or aggravated by service and may not be presumed to have been incurred in service due to Agent Orange exposure. The Board found no evidence linking the conditions to his military service.

The Board has remanded the case for additional development, including obtaining VA treatment records and scheduling a VA examination to determine the nature, extent, and etiology of any current left leg disability found to be present.

The Board has denied reopening the claims for service connection for testicular and low back disabilities, finding no new and material evidence to support these claims. The Veteran's assertions of in-service injury and continuous pain since service have not been substantiated by additional medical evidence.