Other conditions decisions — 2006

The Board has found that the veteran's right inguinal hernia does not meet the criteria for a compensable rating since October 28, 2003.

The Board has determined that the veteran's service-connected deviated nasal septum, postoperative, warrants a maximum schedular evaluation of 10 percent. The claim for an initial rating in excess of 10 percent is denied.

The Board finds that the veteran's current conditions, including cerebral hypoxia with residual brain damage and neurological deficits, bowel dysfunction, and bladder dysfunction, are related to his VA treatment in August and September 1990. The claim is granted.

The Board has determined that the veteran's mild restrictive lung disease is related to his in-service asbestos exposure and grants service connection for this condition.

The Board found that the appellant's muscle injury residuals did not meet the criteria for a compensable evaluation under Diagnostic Code 5319, and therefore denied her claim.

The Board denied the veteran's claim for special monthly compensation based on loss of use of a creative organ due to his service-connected shell fragment wound residuals. The issue of increased disability rating for PTSD and earlier effective date for PTSD were also addressed, but as the appeal is not about service connection at all, it was remanded.

The Board found that the veteran's urinary incontinence does not require him to wear absorbent materials which must be changed two to four times per day, and thus does not meet the criteria for a higher rating.

The Board denied the veteran's claim for service connection for ovarian cancer, status post hysterectomy with bilateral salpingo-oophorectomy, as it found no evidence to support a causal relationship between her use of a Dalkon Shield IUD and her diagnosed condition.

The Board denied the veteran's claim for an initial compensable rating for Eustachian tube dysfunction, finding that his condition did not meet the criteria for a 10% rating under Diagnostic Code 6200.

The Board has determined that there is no competent evidence to support the veteran's claim for service connection for a bilateral fungal condition of the feet, and thus the claim must be denied.

The veteran seeks an increased evaluation for his service-connected Reiter's syndrome, currently rated at 20 percent. The case is being remanded to the RO for additional development of medical records and consideration.

The Board denied the veteran's request for an effective date earlier than April 18, 2002, for entitlement to additional VA compensation for a dependent spouse. The decision found that necessary information was not provided by the veteran prior to this date.

The Board found that the veteran's service-connected residuals of fracture of the left lateral rib cage did not meet the criteria for a compensable evaluation, and denied his claim for TDIU.

The Board has determined that additional development is necessary to determine if the veteran's service-connected diabetes mellitus type II permanently aggravated his liver condition, and to obtain any outstanding medical records. The case will be returned to the RO for further action.

The Board has determined that the appellant's claim for an effective date prior to August 21, 2000 for the grant of service connection for the cause of the veteran's death is denied.

The Board has reopened the veteran's claim for service connection for a left elbow disability and finds that new and material evidence supports this claim. The issue of an initial evaluation in excess of 50 percent for PTSD is also remanded due to procedural deficiencies.

The squamous cell carcinoma of the veteran's tongue, claimed as throat cancer, is found to be the result of his exposure to Agent Orange in service and granted.

The veteran's claim for service connection for varicose veins, bilateral legs is being remanded due to the need for additional medical records and Social Security Administration disability payment information.

The Board denied the claim of service connection for the cause of the veteran's death as there was no medical evidence linking his death to his military service.

The Board denied the appellant's claims for waiver of recovery of overpayment of death pension benefits in two separate instances, one for $4,208.00 from April 1, 1998 to March 31, 1999 and another for $4,545.00 from April 1, 1999 to March 31, 2000, due to the claims not being timely filed.