Other conditions decisions — 2006

The Board denied service connection for myotonic dystrophy and dizziness, finding that the evidence did not meet the criteria for an undiagnosed illness or a qualifying chronic disability under Persian Gulf War conditions.

The Board has remanded the case for further development and readjudication due to issues related to an increased rating for bilateral foot disability.

The Board has remanded the case due to incomplete medical records and a need for further development, including obtaining treatment records from service and after discharge.

The veteran's claim for reimbursement of unauthorized medical expenses incurred from January 7-10, 2001 is being remanded due to the need for additional development and notification.

The Board has remanded the case due to a violation of duty to assist provisions, requiring additional development and consideration.

The Board has determined that new and material evidence has been received to reopen the veteran's claim of service connection for a gastrointestinal disability on a direct incurrence basis. However, the evidence does not support a finding that the veteran's current gastrointestinal disability is related to his military service or any service-connected condition.

The Board denied service connection for median nerve disability and a rating in excess of 50 percent for memory loss. The veteran's claims were based on new evidence that reopened his previously denied claims.

The Board denied the appellant's request for a waiver of overpayment of death pension benefits, finding that recovery would not be against equity and good conscience due to the appellant's fault in creating the debt.

The Board found that seronegative spondyloarthropathy has not resulted in an active rheumatoid process or significant spinal involvement, and thus a higher rating than 40 percent is not warranted.

The Board denied the veteran's claim for service connection and eligibility for VA outpatient dental treatment due to his failure to apply for benefits within one year of discharge, as required by law.

The VA denied an increased rating for the veteran's postoperative herniated nucleus pulposus at L3-4, currently rated at 40 percent. The evidence did not show any new or worsening neurological manifestations or incapacitating episodes over a 12-month period.

The Board has determined that the veteran does not have chronic residuals of dengue fever, and therefore service connection for this condition is denied. The issue of an increased rating for PTSD remains pending.

The Board denied a claim for an evaluation in excess of 60 percent for post-operative residuals of a disc herniation at L4-L5 from January 30, 2003.

The Board denied the veteran's claims for reopening his service connection for right and left hip disorders, finding no new and material evidence to support these claims.

The Board found that the veteran's stroke residuals were not caused by VA care, medical or surgical treatment. Therefore, compensation under 38 U.S.C.A. § 1151 was denied.

The Board found that the veteran's cardiac disorder and disability manifested by chills were not incurred or aggravated during his military service. The evidence did not support a finding of service connection for these conditions.

The Board has determined that there is no current evidence of any symptoms related to the veteran's service-connected syphilis, and thus a compensable rating for this condition is denied.

The Board found that the veteran's pre-existing one-inch shortening of the left leg existed prior to service and was not aggravated by service. As a result, the claim for service connection for his current left lower leg disability is denied.

The Board has determined that the veteran does not have arthritis in his hands and that his hand complaints are attributed to a known clinical diagnosis. The preponderance of evidence is against the claim of entitlement to service connection for a disorder manifested by pain, swelling, and stiffness in the hands.

The Board has determined that the veteran's current low back condition was not incurred in or aggravated by active service and denied his claim for service connection.