Other conditions decisions — 2006

The Board found that the loss of vision in the veteran's left eye was not caused by VA carelessness, negligence, or error. Therefore, the claim for compensation under 38 U.S.C.A. § 1151 is denied.

The Board has denied the veteran's claim for an increased rating for her service-connected bursitis of the right greater trochanter with associated muscle strain, finding that a 10 percent evaluation is appropriate based on the evidence of record.

The case is being remanded for the RO to schedule a videoconference hearing for the appellant. The veteran died of an unspecified cause, and the appellant seeks compensation under 38 U.S.C.A. § 1151 for this cause of death.

The Board has determined that the veteran's skin disorder is not related to his military service, and therefore denied his claim for service connection.

The Board denied increased ratings for residuals of spinal meningitis and mood disorder, finding that the veteran's conditions did not warrant higher evaluations based on the evidence of record.

The Board found that the VA debt was valid and enforceable, but denied the veteran's request for a waiver of recovery due to his untimely submission.

The Board has denied the veteran's claim of entitlement to service connection for skin rash, finding that there is no evidence of a current disability and no link between any such disability and his military service.

The Board has determined that the veteran does not have a current diagnosis of lymphoma and therefore cannot establish service connection for this condition. The claim is denied.

The VA denied the veteran's claim for an increased rating of her herniated nucleus pulposus, finding that the evidence did not support a higher than 40 percent evaluation.

The veteran's claim for a higher evaluation for her service-connected herniated nucleus pulposus is being remanded due to the need for additional development, including obtaining outpatient treatment records and arranging for a VA examination.

The Board denied the veteran's claims for service connection for a throat condition, hypertension, heart condition, and seizure disorder due to exposure to herbicides. The veteran does not have a current disability from a throat disorder other than the one already service-connected. Evidence received since previous denials is found to be duplicative or cumulative of evidence previously considered. No new and material evidence was submitted to reopen claims for hypertension, heart condition, and seizure disorder. The veteran's four noncompensable service connected disabilities do not make him eligible for special monthly compensation based on the need for aid and attendance.

The Board has granted the petition to reopen and is now addressing the issues of service connection for pituitary adenoma, right eye blindness, and gait disturbance.

The veteran's periodontal disease began during service and is granted for treatment purposes. However, there is no evidence of a dental trauma that caused the current condition, so compensation for a dental condition is denied.

The VA has determined that the veteran's benign right scrotal cyst does not meet the criteria for a compensable evaluation as it is not productive of voiding dysfunction or renal dysfunction.

The Board has determined that the veteran's left eye disability, which is rated as 30 percent disabling under DC 6070 (remote central retinal artery occlusion), does not warrant a higher rating since June 15, 2001. The maximum schedular amount available for blindness in one eye with no blindness in the other eye is 30 percent.

The appellant's claims for service connection for the cause of her husband's death and nonservice-connected death pension benefits are dismissed due to the remarriage of the appellant in May 1998, which resulted in her receiving DIC benefits based on another veteran's service.

The Board denied the veteran's claims for service connection for Bartholin's cyst and an increased rating for chronic iritis, finding no evidence to support these claims.

The Board denied the veteran's claims for a disability rating in excess of 70 percent for his right forearm amputation and TDIU, finding that the evidence did not meet the criteria for higher ratings or TDIU based on service-connected disabilities.

The Board denied the veteran's application to reopen his claim of service connection for lung disease, finding that no new and material evidence had been submitted.

The veteran's claim for service connection for residuals of a right foot injury is being remanded due to the lack of medical records from the Key West Hospital, which may contain evidence of his in-service injury. The VA will attempt to obtain these records and provide an opinion on whether the current right foot problems are related to service.