Other conditions decisions — 2005

The Board has determined that new and material evidence has been received to reopen the claim of service connection for endometriosis, which was previously denied in April 1997. The veteran's condition is considered to have existed prior to her military service and not aggravated by it.

The Board has determined that there is no current diagnosis of scoliosis and thus the veteran's claim for service connection for scoliosis is denied.

The Board has remanded the case for further development, including a VA orthopedic examination and readjudication of both service connection and educational benefits claims.

The Board has determined that the veteran's May 2004 substantive appeal regarding the validity of the debt, when read in conjunction with previous statements requesting a waiver of overpayment, amounted to a timely notice of disagreement (NOD) with the April 2004 decision. The case is being remanded for issuance of an SOC and further adjudication.

The Board found that the veteran's colitis did not more nearly approximate severe or pronounced ulcerative colitis, and thus denied an increased evaluation.

The Board has decided to remand the case for additional development, including obtaining relevant medical records and conducting a VA examination.

The Board has remanded the case due to a need for further examination and evaluation of the veteran's service-connected malaria, specifically regarding elevated SGPT levels.

The Board found that the November 25, 1992 rating decision is final and dismissed the claim of clear and unmistakable error (CUE) in denying an increased evaluation for psychoneurosis hysteria with back complaints.

The Board denied the appellant's claim for an earlier effective date for dependency and indemnity compensation, finding that her October 2000 formal application was the first indication of a claim. The Board also noted that she did not submit any informal claims prior to this date.

The Board denied a rating higher than 30 percent for the veteran's fracture of the left (minor) 2nd, 3rd, and 4th fingers with partial ankylosis of the 2nd, 3rd, 4th, and 5th fingers.

The Board has determined that the veteran's bone cancer of the right femur was not incurred or aggravated in service and may not be presumed to have been incurred due to Agent Orange exposure. The claim for PTSD is being remanded as it remains pending.

The Board has granted a 20 percent evaluation for the veteran's service-connected herniated nucleus pulposus, L5-S1 from February 1, 1997. The condition was productive of forward flexion greater than 60 degrees and combined range of motion of the thoracolumbar spine greater than 120 degrees.

The veteran's appeal was denied because he did not meet the service requirements for basic eligibility for Chapter 30 educational assistance due to his involuntary separation from active duty for unsatisfactory performance.

The Board denied the veteran's claim for service connection for hemorrhagic gastritis, finding that it was not incurred or aggravated by his active duty military service and is not proximately due to or the result of a service-connected disability.

The Board found no current diagnosed ulcer disability and denied service connection for ulcers.

The veteran's appeal has been dismissed due to his death, and the Board does not have jurisdiction to adjudicate the merits of this claim.

The veteran's claims for service connection for TMJ and a right heel disability were denied. The Board also remanded the issue of entitlement to an initial disability rating in excess of 10 percent for residuals of a cervical spine sprain with spondylosis and degenerative disc disease at C6-C7, but found that the veteran currently does not have these conditions.

The veteran's claim for an increased rating for residuals of a duodenal ulcer, to include residuals of a vagotomy and a pyloroplasty is denied as the current evaluation is at its maximum. The claim for service connection for bilateral foot disability is also denied.

The Board has determined that the veteran's duodenal ulcer does not warrant a rating in excess of 40 percent, as his symptoms do not meet the criteria for more severe disability.

The Board denied the veteran's claim for service connection for atrophic right testicle, finding no new and material evidence to reopen the previously denied claim.