Other conditions decisions — 2010

The Board has remanded the case for further development, including a VA examination to determine if the Veteran currently suffers from bilateral Eustachian tube dysfunction and whether such is related to his service or aggravated by a service-connected disability (right external otitis).

The Board has determined that the service member's spinocerebellar degeneration and ataxia began during his active duty, and he is unable to take care of himself without regular assistance. Therefore, service connection for these conditions is granted, and special monthly compensation based on need for aid and attendance is also granted.

The Veteran's TMJ disability is rated at a 10 percent rating since service connection was granted.

The Veteran's HPV was diagnosed in service and has been continuous since then, meeting the criteria for service connection.

The Board has remanded the case due to the need for additional development, including a review of the March 1997 private treatment record and an addendum from the July 2007 VA examiner.

The Veteran's claim for an increased rating for residuals of a crush injury with fracture of the left great toe is remanded due to insufficient evidence. The claim for service connection for a left knee and ankle disability, to include as secondary to service-connected disability, is also remanded.

The Board has determined that the Veteran's right rib condition is service-connected, with no specific rating assigned and no effective date provided.

The Veteran's failure to report his Social Security income resulted in a $7801.00 overpayment of nonservice-connected pension debt. The Board found no bad faith, but granted the waiver due to the Veteran's financial situation and lack of fault on VA's part.

The Veteran's residuals of cold injury to the bilateral feet have been found to warrant a 30 percent evaluation, which is the highest schedular rating available under Diagnostic Code 7122.

The Board has determined that the appellant does not have recognized active military service for the purpose of obtaining a one-time payment from the Filipino Veterans Equity Compensation Fund.

The Veteran's appeal is being remanded for a VA examination to determine if his pulmonary disability is related to military service, specifically exposure to Valley Fever during his time at Camp Parks in California.

The Board has ordered reconsideration of the special monthly compensation based on the need for regular aid and attendance, for purposes of accrued benefits. The case is remanded to ensure that the appellant receives due process by providing her with a statement of the case containing applicable laws and regulations.

The Veteran's claim for a disability rating in excess of 40 percent for right sacroiliac arthritis was denied. His TDIU claim was also denied.

The Veteran's peptic ulcer disease status post two vagotomies and one gastrectomy, Billroth II, is currently rated at 40 percent disabling. The Board found that the current evaluation represents his predominant disability picture and does not warrant an evaluation in excess of 40 percent under Diagnostic Code 7308.

The Veteran's gluteal sarcoma and pulmonary cancer are being remanded for further development to determine if they are related to service, specifically asbestos exposure.