Other conditions decisions — 2005

The veteran's claim for compensation benefits under 38 U.S.C. § 1151 due to urinary incontinence is being remanded for additional examination and opinion.

The Board has determined that the earliest possible date of claim for service connection is April 5, 2001. As such, an effective date of April 5, 2001, was granted for the veteran's entitlement to service connection for loss of bowel control.

The Board denied the veteran's request for an increased evaluation, maintaining the current rating of 30 percent for left glenohumeral joint with degenerative joint disease, tendonitis, and ankylosis.

The Board found that the veteran's respiratory disorder was not incurred in service and denied his claim.

The veteran's appeal is being remanded for a videoconference hearing at the VAHCC in El Paso, Texas. The case will be returned to the Board after this additional development.

The Board has reopened the veteran's claim of service connection for multiple joint arthritis and remanded it for further development, including a VA examination to determine the nature and likely etiology of his current condition.

The veteran's service-connected PTSD is currently rated at 70 percent, effective from February 13, 2002. The other issues remain unresolved.

The veteran's appeal for a waiver of recovery of an overpayment of VA pension benefits has been dismissed as the matter has already been resolved through a compromise offer accepted by the VA and paid by the veteran.

The veteran's claim for service connection for acute lymphocytic leukemia was granted retroactively effective from March 18, 1991. The RO denied his initial claim in September 1989 and scheduled him for a VA examination but he did not attend. He later filed another petition to reopen the claim on March 18, 1991.

The veteran's right knee disorder is currently manifested by limitation of flexion to 125 degrees, pain, with flare-ups on repetitive use, and occasional mild instability. The criteria for a rating in excess of 20 percent for the postoperative residuals of a tear of the right medial meniscus, with chondromalacia have not been met.

The Board has determined that the veteran's claimed chronic bilateral upper and lower extremity disabilities are not related to service or Agent Orange exposure, and thus denied his claims.

The Board denied the veteran's claims for increased ratings for Môniére's syndrome and major depressive disorder, finding that the evidence did not meet the criteria for a higher rating under the applicable VA rating schedule.

The Board has determined that the veteran's service-connected heart condition, characterized by paroxysmal atrial fibrillation, left ventricular hypertrophy, and aortic valve disease, warrants an initial evaluation of 10 percent for the period from September 28, 1994 through November 7, 1999. For the period beginning November 8, 1999, the veteran's condition is manifested by severe attacks but does not meet the criteria for a higher rating.

The Board denied the veteran's claim for service connection for a prostate disorder, finding no evidence linking his current condition to service or exposure to Agent Orange.

The VA determined that the veteran's death was not caused by HIV/AIDS from a blood transfusion in 1982, and thus denied his claim for dependency and indemnity compensation under 38 U.S.C.A. § 1151.

The VA denied an increased evaluation for the appellant's service-connected cervical spine disability, which was currently rated at 20 percent. The evidence showed moderate limitation of motion without additional functional loss due to pain on use.

The Board found that the veteran's right leg and heel disorders were not incurred in or aggravated by his period of active military service.

The veteran's appeal is remanded for further development, including a VA examination to assess the severity of his service-connected gunshot wound and any related neurological issues. The claim will be reconsidered based on all evidence.

The Board has determined that the veteran's hiatal hernia, ulcers, and pancreatitis are not shown by the evidence of record to have been caused by an established event, injury, or disease during active service.

The Board denied the veteran's claim for an increased evaluation of his service-connected furunculosis, finding that it did not meet the criteria for a higher rating under the applicable VA disability rating schedule.