Other conditions decisions — 2007

The Board has reopened the veteran's claim of service connection for scoliosis (dextrorotatory) due to new evidence submitted in February 2003. The Board found that this evidence relates to an unestablished fact necessary to substantiate the claim and raises a reasonable possibility of substantiating the claim, sufficient to reopen the claim. However, the Board determined that scoliosis (dextrorotatory) was not incurred or aggravated by service.

The Board denied the veteran's claim of service connection for liver damage as secondary to his service-connected hepatitis C, finding no current diagnosis of liver damage and no causal relationship between the conditions.

The Board has denied the appellant's claims for benefits under 38 U.S.C.A. ¶ 1805 and 1815 as there is no competent evidence of spina bifida or birth defects, and her mother did not serve in Vietnam.

The Board has granted service connection for adjustment disorder and assigned a 10 percent rating effective December 27, 2004. The veteran's condition includes symptoms such as depressed mood, anxiety, panic attacks, chronic sleep impairment, and mild memory loss.

The Board has determined that the veteran's dysthymic disorder and obsessive-compulsive disorder were aggravated by service, allowing for service connection.

The Board has granted service connection for chronic bowel disease and assigned a 10 percent rating effective September 30, 1996. The veteran's condition is characterized by approximately 4 urgent bowel movements per day with occasional stool leakage but good sphincter control.

The Board has determined that a VA examination is needed to assess the current severity of the veteran's PTSD, and for this reason, the claim is being remanded.

The veteran is not eligible for enrollment in the VA healthcare system due to lack of qualifying conditions or service-connected disabilities.

The Board has remanded the case for further development due to need for additional evidence and clarification of veteran's Social Security benefits status.

The Board denied the veteran's claim for an apportionment of his VA benefits to cover his child's expenses, finding that he reasonably discharges his responsibility for supporting the child and that hardship does not exist on the part of the appellant.

The veteran's application for Service-Disabled Veterans' Insurance (RH) was denied because he did not file his application within one year of being notified that service connection had been granted for his disabilities, and there is no evidence showing mental incompetence during the eligibility period.

The Board has determined that an effective date of January 1, 2003 is warranted for the grant of service connection for HIV/AIDS, HTLVIII, and dysphoric disorder.

The VA determined that the veteran's status post laminectomy, herniated disc at L5-S1 does not warrant an evaluation in excess of 40 percent.

The Board has determined that the veteran is competent for VA benefits purposes, based on evidence showing sustained sobriety and improved cognitive functioning.

The veteran's claim for an initial compensable rating for patellofemoral syndrome of the left knee was denied. The issue of service connection for a left forearm disorder, to include paresthesia, is also denied due to lack of current objective manifestations of disability.

The Board denied the veteran's claim of service connection for post-traumatic stress disorder, finding that his diagnosis was not caused by his military service and attributing it to non-service-related factors.

The Board denied the veteran's claim for service connection for uncontrollable nerve twitches, including as due to herbicide exposure in Vietnam. The evidence did not show that the condition was present during or within one year after service and there is no medical opinion linking it to service.

The Board has determined that a timely notice of disagreement was filed within one year of the August 2002 decision denying service connection for HIV/AIDS. The case is now remanded to issue a statement of the case and obtain additional evidence, including Social Security Administration records and treatment records from Grady Memorial Hospital.

The Board has decided to remand the case for additional development, including a VA examination and an opinion on whether the veteran's right leg thrombophlebitis is related to service or any other incident thereof.

The Board has determined that the veteran's death from metastic colon cancer was not caused or contributed to by his military service, including Agent Orange exposure.