Other conditions Board decisions

The Veteran's claims for earlier effective dates are mixed as some issues have been granted while others remain pending. The specific conditions at issue include residuals of injury, status-post total hip replacement, pelvic asymmetry with a mechanical short left leg, and eligibility for DEA benefits and SMC based on loss of use of the right lower extremity.

The Board found that the Veteran's pre-existing back defect was not aggravated by service and denied his claim for service connection.

The Veteran's schizoaffective disorder was determined to have been incurred in service, and the Board granted service connection based on this determination.

The Board has denied the Veteran's claim of entitlement to service connection for a left eye disorder, including as secondary to service-connected right eye disorder.

The Veteran's contracture and flexion deformity of the left 4th and 5th fingers was incurred during active military service.

The Veteran's cold injury residuals of the right and left feet have been granted an increased rating to 30 percent each, effective October 7, 2004.

The Board has granted the Veteran's claim for service connection for a radicular nerve disability, finding that it is secondary to his service-connected cervical spondylosis and thoracic herniated disc disease.

The Veteran's daughter is not entitled to accrued benefits as she was over the age of 23 at his death and did not qualify as a child for purposes of receiving such benefits. The Board also denied any additional payment due to the appellant, as there were no other burial expenses or last sickness expenses that she had borne.

The Board found that the overpayment of nonservice-connected pension benefits in the original amount of $22,814.00 was validly created due to the Veteran's failure to report his wife's Social Security Administration income for the period from March 2005. The Board also found that waiver of recovery of this overpayment is not warranted due to the Veteran's bad faith in failing to accurately report his family income and marital status.

The Veteran's claims for service connection for left testicle removal and reopening the claim were denied. The Veteran also did not meet the criteria for SMC based on anatomical loss, and his chronic conjunctivitis was found to be at its current level of severity.,The Veteran's service-connected chronic conjunctivitis is currently rated as 10 percent disabling.

The Veteran's hair loss is not considered to be related to her service-connected hysterectomy, and the claim for an initial evaluation greater than 10 percent for right wrist tendonitis with carpal tunnel syndrome and ganglion cyst was denied.

The Veteran's claim for service connection for residuals of a left hip fracture with a Richard screw is being remanded due to the inadequacy of the VA examiner's report and the need for further evidence.

The Board found that the Veteran's lung cancer was not caused by service-connected conditions, and there is no evidence of asbestos exposure during service. The Board determined that the cause of death (small cell lung carcinoma) did not stem from a service-connected disability.

The Veteran's claim for service connection for missing teeth due to dental trauma in service is denied as there is no evidence of such trauma or current disability involving the jaw or teeth.

The Veteran's post-surgery residuals have been rated at 10 percent since the initial grant of service connection in May 1996. The Board found that his symptoms did not warrant a higher rating.

The Board found that the Veteran's current bilateral vision impairment was not caused or aggravated by an in-service mortar-fire injury and denied his claim for service connection.

The Board found that the Veteran's left eye disorders, including atrophy of the optic nerve and cataracts, are not related to his service or any service-connected disability.

The Board has remanded the case due to incomplete medical records and the need for further examination.

The Veteran's appeal is being remanded to the RO for scheduling a video-conference hearing before the Board. The issues of service connection for groin injury residuals and SMC based on need for aid and attendance or housebound status are pending.

The Veteran's claim for an increased rating for his service-connected pterygium of the right eye, postoperative, with irregular astigmatism was denied. The RO assigned a 10 percent evaluation effective December 16, 2004.