Other conditions decisions — 2005

The Board has remanded the case due to incomplete service medical records and a need to obtain Social Security Administration (SSA) disability benefits records. The veteran's claim for service connection for schizoaffective disorder is pending.

The Board has denied the veteran's claims for service connection for residuals of dental injury and a back disability. The case is being remanded to obtain relevant private medical records from Dr. Trimbley in Bakersfield, California.

The Board found that the veteran's claimed dental trauma did not occur during service and thus denied his claim for service connection.

The Board found that the veteran's cerebrovascular accident in July 2002 was not caused by VA's carelessness, negligence, or error in judgment. The evidence did not support a finding of causation.

The Board found that the overpayment was validly created due to a clerical error by VA, but denied waiver of recovery because the veteran had some fault in creating the debt and there is no indication of undue financial hardship.

The Board denied service connection for lightheadedness and dizziness with fatigue and exhaustion, as well as sores on the legs with poor circulation and weakness, finding that these conditions were not incurred in or aggravated by service and are not proximately due to a service-connected disability.

The Board has determined that the veteran's current diagnosis of spasmodic torticollis is directly related to an episode of hypoxia during his military service, and thus grants service connection for this condition.

The Board denied the veteran's claim of basic eligibility for VA benefits due to a lack of service in the Philippine Commonwealth Army, finding that no evidence satisfied the requirements for acceptable proof of service.

The Board has granted a 20 percent disability rating for the veteran's service-connected right thumb fracture, effective from May 17, 2004. The veteran's claim for an increased rating is now resolved in his favor.

The Board has determined that the veteran does not have a diagnosed respiratory or cardiac disorder, and therefore denied his claims of service connection for these disorders as secondary to PTSD with panic attacks and agoraphobia.

The Board has determined that the veteran's loss of teeth is related to his service-connected residuals of simple fracture to the left body of the mandible, and thus grants service connection for this condition.

The Board denied a compensable disability rating for the veteran's liver disorder, finding that his symptoms did not meet the criteria for a higher rating.

The Board denied the veteran's claims for increased ratings for his service-connected right middle finger injury and chronic left elbow bursitis, finding that the evidence did not meet the criteria for a higher rating under applicable VA regulations.

The appellant's countable income exceeds the maximum annual income for improved death pension benefits, so her claim is denied.

The Board denied the veteran's claim for service connection for a skin disorder of the back, which he claimed was due to exposure to Agent Orange. The Board found no evidence linking his current condition to his military service or to Agent Orange exposure.

The VA has determined that the veteran's service-connected left thigh disability, which is rated at 30 percent, does not warrant a higher rating as it does not cause marked interference with employment or necessitate frequent periods of hospitalization.

The Board has reopened the veteran's claim for service connection for a left leg disability due to new and material evidence submitted since the January 1992 rating decision.

The veteran's combined rating for his service-connected disabilities is 60%, which meets the threshold criteria for a TDIU. However, the evidence does not support a finding that these conditions render him unemployable.

The Board found that the veteran's service-connected dorsal spine disability does not warrant a higher rating, as his range of motion is within normal limits and he does not have severe limitation of function.

The veteran's claim for a higher compensation rate for a total disability rating based on individual unemployability due to service-connected disability beginning June 1, 1998 was denied by the Board of Veterans' Appeals.