Other conditions decisions — 2006

The Board has determined that the veteran does not have a current pulmonary disability related to service, including exposure to asbestos. Therefore, his claim for service connection is denied.

The Board has denied the veteran's claims for service connection for a gynecological disorder manifested by an abnormal pap smear and candida vaginitis, finding that there is no competent evidence linking these conditions to her period of active duty.

The Board found that the veteran's current lower back disability, including arthritis of the lumbosacral spine, was not incurred in service and could not be presumed due to its onset more than one year after discharge. The claim for service connection was denied.

The Board has determined that the veteran's claim for service connection for a right leg injury cannot be granted as there is no evidence of an in-service injury and no competent medical evidence linking any current condition to service.

The veteran's appeal is being remanded for further development of his unauthorized medical expenses claim and related issues. The case will be returned to the Board after additional actions are taken by the VAMC.

The Board denied the veteran's claim for an increased rating for his service-connected low back injury, finding that he did not meet the criteria for a higher rating under the applicable VA disability evaluation criteria.

The Board has determined that new and material evidence has been received to reopen the veteran's claim of service connection for chronic dental trauma residuals involving teeth numbers 8, 9, 23, and 25. The case is remanded for further development.

The Board has determined that new and material evidence has been submitted to reopen the claim of service connection for dysthymia. The veteran's dysthymia is found to be due to disease or injury incurred in service, warranting service connection. The veteran does not have an acquired eye disorder, but suffers from refractive error.

The Board has determined that new and material evidence has been submitted to reopen the claim for service connection for peptic ulcer disease, but it is unclear whether this evidence alone or in conjunction with previous evidence establishes a link between the veteran's current condition and his military service.

The Board denied the veteran's claim for an increased evaluation of his residuals of fracture, second metacarpal, left hand, finding that there was no evidence of ankylosis or resulting limitation of motion in other digits that would warrant a higher rating. The current 10% evaluation remains unchanged.

The VA has denied the veteran's claim for payment or reimbursement of unauthorized private medical expenses incurred at a non-VA facility due to failure to meet all three criteria under 38 U.S.C.A. § 1728 and 38 C.F.R. § 17.120.

The veteran's claim for increased evaluations of residuals of fracture of the 6th, 7th and 10th thoracic vertebrae, multiple rib fractures, and a fracture of the left tibia was denied. The criteria for an increased evaluation were not met.

The Board has determined that the veteran's right pectoralis major tear, status post repair, warrants a 20 percent evaluation based on limitation of motion and functional loss.

The appellant is not entitled to apportionment of the veteran's VA disability compensation benefits as she does not meet the criteria for recognition as a spouse of the veteran and she is not legally entitled to such benefits.

The veteran's claim for increased compensation and effective date is being remanded due to the need for additional medical records and examination reports.

The veteran's claim for compensation under 38 U.S.C.A. § 1151 was granted, as the additional disability resulting from pain, dysesthesias, loss of strength, and limitation of motion is determined to be a result of the January 2002 VA surgical repair of a left common iliac aneurysm.

The Board has denied the veteran's claims for service connection for a facial skin disorder and a left foot disorder due to lack of evidence showing current disabilities or in-service incurrence.

The Board denied the veteran's claim for service connection for a nervous condition, claimed as dysthymic disorder and avoidant personality disorder. The decision concluded that there was no chronic mental disorder superimposed on the personality disorder during service.

The appellant's service in the Philippine Scouts is not considered active military service for VA pension purposes, and thus they are not eligible for a VA non-service-connected disability pension.

The veteran's widow is granted DIC benefits under the provisions of 38 U.S.C.A. § 1318 due to his continuous total disability rating for more than 10 years prior to death.