Other conditions Board decisions

The Veteran's claim for a compensable disability rating for Osgood-Schlatter's disease of the right knee prior to April 9, 2008, and for a disability rating in excess of 10 percent from that date was denied. The RO found that the condition did not meet the criteria for a higher rating under VA regulations.

The Board found that the Veteran's disability manifested by dizziness was not incurred in or aggravated by service and denied his claim for service connection. The issue of an increased rating for bilateral hearing loss is remanded.

The Board has determined that new and material evidence has been submitted to reopen the Veteran's claim of service connection for a right orchiectomy as a result of seminoma. The Board concludes that it is impossible to say whether the disease was incurred during his military service, but there is at least an approximate balance of positive and negative evidence indicating that the testicular cancer or seminoma began before discharge from active duty.

The Veteran's request for waiver of overpayment of nonservice-connected disability pension benefits was denied because his waiver request was not made within the 180-day period following notification of the indebtedness.

The Board found that there is no evidence of a left foot disorder in service or within one year post-service, and the Veteran's current left foot disorder was not related to his military service.

The Veteran's appeal for service connection for congestive heart failure has been dismissed due to his death.

The Board has remanded the case due to the need for additional development, including obtaining SSA records and private treatment records from Lindsay Municipal Hospital.

The Veteran's claim for an increased disability evaluation for his right foot fracture residuals is being remanded due to the need for a VA examination and additional medical records.

The VA examiner found that the Veteran's skin disorder is not related to service or in-service herbicide exposure, and thus denied his claim for service connection.

The Veteran's service connection claim for cancer of the vocal cords is granted due to presumed exposure to Agent Orange during his Vietnam service.

The Veteran's claim for a one-time payment from the Filipino Veterans Equity Compensation Fund is denied due to his forfeiture of VA benefits based on fraud, which remains in effect.

The Veteran's claim for an earlier effective date for the award of additional benefits for dependents is dismissed as it represents a free-standing earlier effective date claim that challenges a final decision.

The Board finds that the Veteran's right leg disorder, specifically traumatic myositis ossificans of the right anterolateral femur, is due to an injury sustained during his period of active service. As a result, the claim for service connection is granted.

The Board found no competent or credible evidence linking the Veteran's current cold injury residuals to his military service, and therefore denied his claim for service connection.

The Board has determined that a VA examination is needed to determine the current nature and severity of the Veteran's right foot disorder, as well as whether it is related to his military service. The Veteran's claim will be remanded for this purpose.

The Veteran's fracture, second, third, and fourth metatarsals, right foot, is productive of disability analogous to loss of use of the right foot, with no effective function other than that which would be equally served by an amputation stump. The criteria for a 40 percent disability rating have been met.

The Veteran died of mesothelioma, a disease commonly associated with asbestos exposure. The Board finds that the Veteran was likely exposed to asbestos during his naval service and grants service connection for cause of death.

The Board finds that the Appellant does not legally qualify for a one-time payment from the FVEC fund due to her spouse's death prior to the enactment of the American Recovery and Reinvestment Act, and thus she is not eligible to receive payment on his behalf.

The Board has remanded the case to the RO for further development and readjudication, including obtaining a medical opinion regarding the relationship between the Veteran's service-connected condition and his death. The DIC claim based on 38 U.S.C.A. § 1318 is also addressed.

The Veteran's appeal is remanded for additional development, including obtaining VA treatment records from the 1960s and 1970s. A VA examiner will be asked to provide an opinion on whether his current feet disorders are aggravated by his service-connected dermatophytosis of the feet.