Other conditions Board decisions

The Veteran's service-connected residuals of orchidopexy for testicular torsion are currently evaluated at 10 percent, and the Board finds that a higher rating is not warranted based on the evidence provided.

The Veteran's service-connected disabilities, including gouty arthritis and varicose veins, are found to be sufficient in and of themselves to prevent him from participating in all forms of substantially gainful employment. Therefore, a TDIU rating is granted.

The Board has determined that the appellant does not have service as a member of the Philippine Commonwealth Army, including recognized guerrillas, in the service of the United States Armed Forces. Therefore, he is not eligible for a one-time payment from the Filipino Veterans Equity Compensation Fund.

The Board denied the veteran's claim for a one-time payment from the Filipino Veterans Equity Compensation Fund due to lack of service in the Philippine Commonwealth Army or New Philippine Scout, as verified by the National Personnel Records Center.

The Board has granted the Veteran's claims for service connection for trochanteric bursitis of the left hip and avascular necrosis of the right hip as a result of exposure to ionizing radiation in service, based on post-service medical evidence linking these conditions to his exposure during active duty.

The Veteran's adenocarcinoma of the prostate, status post radical retro prostatectomy and pelvic lymphadenectomy is currently rated at 60 percent due to voiding dysfunction. The evidence does not support a higher rating as there are no findings of residual renal dysfunction.

The Board has determined that the Veteran's osteoporosis was related to service and contributed substantially or materially to his death from sepsis due to a duodenal ulcer. As such, the claim for entitlement to DIC benefits under 38 U.S.C.A. § 1318 is rendered moot.

The Board found that the Veteran's esophageal cancer was not service-connected due to lack of exposure to radiation and no chronicity of symptoms post-service, thus denying his claim.

The Veteran's claim for service connection for ingrown toenails of the feet, including as secondary to his service-connected diabetes mellitus, is being remanded due to the need for additional development and an examination.

The Board has remanded the case due to the need for a VA examination and additional development of the claims, including consideration of both direct service connection and secondary service connection.

The Board denied the Veteran's claims for service connection for degenerative bone or joint disease, psychosis, and residuals of a head injury. The evidence did not support a finding that these conditions were incurred in or aggravated by service.

The Board has decided to remand the case for further development, including obtaining a copy of the original application for reimbursement and any evidence regarding attempts to secure payment from third parties.

The Veteran's appeal is being remanded due to his failure to report for a scheduled Travel Board hearing. The RO must reschedule the Veteran for a new hearing at the earliest available opportunity.

The Veteran's claim for service connection for compensation and outpatient dental treatment purposes regarding tooth #9 is granted. The Board found that the Veteran had a noncompensable service-connected dental condition resulting from service trauma, but was eligible for VA outpatient dental treatment.

The Veteran's duodenal ulcer was already partially granted with a 10% rating effective from the date he filed his claim (June 16, 2005). The RO's decision did not result in any increase in the severity of the disability.

The Board has determined that the appellant is entitled to waiver of recovery for an overpayment of $3,701 in death pension benefits. The decision also found that the appellant was solely at fault in creating this debt and that collection would cause undue financial hardship.

The Board has determined that new and material evidence has been presented to reopen the claim for service connection for right elbow disability. The Veteran's right elbow disability is etiologically related to his active duty.

The Board's November 18, 2009 decision denying an evaluation in excess of 40 percent for gastrointestinal disease, to include an ulcer is vacated due to the submission of additional VA treatment records post-decision. The case is now remanded for further development and consideration.

The Veteran's claim for service connection for dizziness, nausea, and loss of balance as secondary to his service-connected tinnitus and hearing loss is being remanded due to inadequate VA examination.

The Board found that the Veteran's claimed disabilities of cataplexy and narcolepsy were not incurred in or aggravated by service, and may not be presumed to have been so incurred or aggravated. The other conditions were also denied as not related to service.