Other conditions decisions — 2005

The veteran's left knee disability was initially rated at 10 percent prior to April 25, 2005. Effective from that date, the VA determined a 20 percent rating is warranted for his medial meniscus tear.

The Board denied the veteran's claim of basic eligibility for VA benefits due to a lack of verified service in the United States Armed Forces.

The Board found that the veteran's current bilateral foot condition was not incurred in or aggravated by service, and denied his claim.

The Board denied the appellant's claim to reopen her surviving spouse status for VA death benefits, finding that no new and material evidence had been submitted.

The veteran's PTSD is productive of occasional suicidal ideation, nightmares, intrusive thoughts, flashbacks, sleep disturbance, irritability, angry outbursts, near constant anxiety, near constant depression, constricted affect, almost daily panic attacks, short term memory loss, isolation, occupational difficulties, marital problems, and difficulty dealing with stress. The Board finds that the criteria for a 70 percent disability rating are met as of March 11, 2003.

The Board found that the veteran's aortic insufficiency and history of an aortic aneurysm warranted a 60 percent rating under the applicable rating standards, but denied his claim for higher schedular and extraschedular ratings.

The Board has determined that the appellant does not meet the legal requirements to be considered a surviving spouse for Dependency and Indemnity Compensation purposes.

The veteran's L5 spondylolysis is rated at 60 percent, the highest available rating under the applicable diagnostic codes.

The veteran is seeking service connection for residuals of a traumatic head injury, including neck, spine, and leg disabilities. The case has been remanded to obtain additional medical records and schedule the veteran for a VA examination.

The VA has determined that the veteran's right foot neuroma does not warrant a rating higher than the current 10 percent, as her symptoms do not meet or approximate the criteria for a more severe disability rating.

The veteran's left and right foot callus formations are currently rated at 10 percent each, but the Board found that these ratings do not meet the criteria for an increased disability evaluation.

The Board has determined that the veteran's bilateral chondromalacia patellae is likely due to his active military service and grants service connection for this condition.

The Board granted a 30 percent rating for HSV II effective March 4, 2004.

The Board has determined that the overpayment of vocational rehabilitation subsistence allowance was properly created and there was no bad faith on the part of the veteran in its creation. The case is now being returned for consideration under the standard of equity and good conscience.

The Board has determined that the preponderance of evidence is against the veteran's claim for service connection for a right eye disability, claimed as a rust ring. The current right eye condition (hyperopic presbyopia) is not considered a disability for VA purposes.

The Board has granted service connection for bronchiectasis, a separate and distinct pulmonary disorder from COPD. The evidence supports the conclusion that the veteran's current lung condition is due to an episode of Legionnaires disease and pneumonia in 1985 during active duty training (ACDUTRA).

The Board has determined that the veteran's rectal cancer, first diagnosed many years after service discharge, is not related to his period of active military service and thus cannot be granted service connection.

The Board has determined that the veteran is likely as not to have developed basal cell carcinoma due to sun exposure during service. However, there is no evidence linking current diverticulitis to his active service or any service-connected condition.

The Board has reopened the veteran's claim for service connection for diverticulosis, claimed as abdominal pain secondary to his service-connected schizo-affective disorder. The evidence shows that the veteran has a gastrointestinal condition due to his service-connected schizo-affective disorder.

The veteran's claim for compensation benefits under 38 U.S.C.A. § 1151 is denied as the surgery was not provided by a VA employee or in a VA facility, and thus does not meet the requirements of the statute.