Other conditions decisions — 2007

The Board denied the appellant's claim for retroactive award and payment of education benefits under Chapter 35, Title 38, United States Code due to the fact that his application was received after December 3, 2004.

The veteran's claim for a higher rating for his service-connected bilateral pleural plaques is being remanded due to insufficient evidence.

The Board has determined that the veteran's ADHD is not service-connected as it was a congenital or developmental disorder and no superimposed disease or injury occurred during military service.

The veteran's appeal is being remanded for further evaluation of his eligibility for assistance in acquiring an automobile or other conveyance and adaptive equipment due to his service-connected pseudoarthrosis of L5-S1, status post fusion and bilateral foraminotomies.

The Board has found conflicting evidence regarding whether the veteran was enrolled in school during the specified period and is remanding for additional development to obtain an official transcript from Central Washington University.

The veteran's claims for increased ratings for urinary incontinence and impotence have been denied as the current ratings are considered appropriate based on the evidence of record.

The veteran's chronic prostatitis and urethritis have been granted a 10% disability rating effective from March 16, 2005. The condition has manifested by awakening to void once or twice each night, increasing to two times per night during the appeal period, and subjective complaints of burning on urination.

The Board denied an increased evaluation for right hip injury and service connection for left hip impairment, finding no evidence of a nexus to service or residuals.

The Board denied the veteran's claim for service connection for a compression fracture at T12, finding that there was no increase in severity of the pre-existing injury during service and that any post-service treatment did not relate to the original injury.

The Board denied the veteran's claims for increased evaluations of his left knee disorder, right knee disorder, and bilateral pes planovalgus due to failure to appear for scheduled VA examinations.

The Board has determined that the veteran's blindness, including macular degenerative blindness, was not incurred in or aggravated by service.

The Board denied the veteran's claims for direct service connection, an initial evaluation in excess of 10 percent for a respiratory disorder due to an undiagnosed illness, and an effective date earlier than November 2, 1994. The veteran was granted service connection via an undiagnosed illness but with a 10 percent disability rating.

The Board has determined that new and material evidence has not been received to reopen the veteran's claim of entitlement to service connection for chronic dysentery and gastroenteritis.

The veteran's service from June 3, 1998 to November 30, 1998 is unclear as to whether it was active duty or ACDUTRA. The Board requests clarification of this period and seeks evidence regarding the veteran's participation in the Chapter 30 benefits program.

The Board found that the veteran was not entitled to educational benefits under Chapter 1606, Title 10, United States Code, as of January 31, 2000. Therefore, the overpayment of $3,700.62 created as a result of the payment of educational benefits on and after that date was validly created.

The veteran's claims for service connection for boils and arthritis have been denied. The issue of an initial rating higher than 20 percent for Type II Diabetes Mellitus with hypertension and impotence, including separate compensable ratings for the hypertension and impotence, has been remanded.

The Board dismissed the veteran's appeal because reinstating the 10 percent rating for rhabdomyolysis with hypokalemia would constitute impermissible pyramiding, and the January 2007 award of a 40 percent rating for lumbar strain associated with resolved rhabdomyolysis with hypokalemia subsumes the initial 10 percent evaluation.

The Board has determined that the veteran's mental disability to include psychotic disorder preexisted service and was not aggravated by service, thus denying his claim for service connection.

The Board denied the appellant's application to reopen his previously denied claim of legal entitlement to VA benefits, finding that no new and material evidence had been submitted.

The Board found no evidence linking the veteran's cardiovascular disorder to any incident of service or a service-connected condition, and thus denied his claim for service connection.