Other conditions Board decisions

The Veteran's lung disability due to asbestos exposure is granted. The initial evaluation for bilateral hearing loss remains at 20 percent.

The Veteran's service connection claim for residuals of a cold injury to the right lower extremity, including joint pain, atrophic skin, hair loss, and numbness is granted. However, his claims for total body joint pain, left lower extremity numbness, left lower extremity and back atrophic skin, and hair loss other than to the right lower extremity are denied.

The Board has determined that the overpayment of $33,002.80 was validly created due to a fraud scheme perpetuated by the Veteran and other students at Ramon Magsaysay Technological University.

The Board has remanded the case due to a need for service department recertification and proper notice regarding the claim.

The Board denied service connection for a gallbladder disorder, finding that the Veteran's lay statements regarding medical etiology were not competent and sufficient to establish a nexus between his gallbladder disorder and military service or a service-connected condition.

The Veteran's appeal is being remanded for further development, including obtaining medical records and scheduling a VA dental examination.

The Board denied the appellant's claim for education benefits under the Dependents' Educational Assistance (DEA) program, Chapter 35, Title 38, United States Code due to her not meeting statutory age requirements and lack of entitlement under the law.

The Veteran's claims for higher initial ratings for intermittent paresthesia of the mandible and anterior compression fracture, thoracic vertebra, T-8 with degenerative disc disease (DDD) T7-T8, T8-T9 and T9-T10 were denied as there is no evidence showing severe paralysis or a separately ratable TMJ disorder.

The Veteran's service connection claim for panic disorder with agoraphobia is granted as the evidence supports that his current condition was aggravated by service.

The Board has remanded the case for further development, including obtaining service personnel records and determining if the Veteran served in Vietnam or was exposed to herbicides. If confirmed, a VA neurological examination will be scheduled to determine the etiology of the Veteran's tremors.

The Veteran's cold injuries of the right and left feet have been rated at 30 percent before June 6, 2005.

The Board has determined that the Veteran's low back disorder is not related to his military service and therefore denied his claim for service connection.

The Board has granted service connection for bilateral foot calluses, finding that the Veteran's symptoms of calluses began during his active duty and have persisted since then.

The Veteran's claim for service connection for a bilateral foot disorder was denied as there is no evidence of a current disability and the Board found that his claimed condition did not pre-exist service or become manifest during service.

The Board found that the Veteran's injuries were not incurred in the line of duty due to his own willful misconduct, and thus denied the claim.

The Board denied the claim for service connection for the cause of the Veteran's death due to a lack of timely notice of disagreement and because appellant M. R., as an adult daughter, did not meet the legal criteria for entitlement to VA benefits based on being a qualifying child of the Veteran.

The Veteran's Crohn's disease causes frequent bowel movements and malnutrition, warranting a 60 percent rating. The anal fistula is rated separately at 10 percent due to its impact on the Veteran's ability to work.

The Veteran's right lower extremity hemiparesis is manifested by moderately severe weakness, necessitating assistive devices for ambulation and muscle atrophy. The Board has granted a 40% rating under DC 8520 (incomplete paralysis of the sciatic nerve).

The Board denied the Veteran's claims for a rating in excess of 10 percent for his pilonidal cyst scar and service connection for a heart murmur. The Veteran was previously assigned a 10 percent rating under Diagnostic Code 7803, but now has a separate 10 percent rating under Diagnostic Code 7804 for the painful pilonidal cyst scar.

The Veteran's appeal for nonservice-connected pension was dismissed due to the death of the appellant.