Other conditions decisions — 2007

The Board found that the overpayment of VA education benefits was properly created and denied the appellant's request for a waiver of recovery.

The veteran's appeal is being remanded for additional development, including obtaining Social Security Administration records and a medical opinion regarding the etiology of his tremor.

The Board found that the veteran's nerve damage to the left arm was not caused by VA's negligence or fault in providing medical treatment, and thus compensation under 38 U.S.C. § 1151 is denied.

The Board denied the veteran's claim of service connection for a gastrointestinal disorder, claimed as stomach ulcers, which he asserted was secondary to medications prescribed for his service-connected left index finger injury. The Board found that there is no current diagnosis of stomach ulcers or other gastrointestinal disorder and concluded that the veteran does not have a current disability for which service connection may be granted.

The Board has determined that the veteran's recurring nosebleeds, first noted during service in April 1994 and resolved with cauterization, were incurred in service. The Board found no clear and unmistakable evidence to show that the condition pre-existed service.

The Board has granted service connection for a right hip disorder to include arthritis, finding that the condition is secondary to the veteran's service-connected lumbar spine disability.

The Board has found that new and material evidence has been submitted to reopen the claim of service connection for a skin disorder, which was previously denied in 1999. The veteran's VA physician provided opinions linking his current fungal infections to his period of service.

The Board denied the veteran's claims for a higher rating for his service-connected foot disability and for service connection for residual effects of removal of his left testicle, finding that there was no evidence to support the secondary service connection claim.

The veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling a VA examination to assess the current severity of his right elbow disability.

The Board found that the veteran's service-connected residuals of right tibial fracture with arthritis do not warrant a higher disability rating, as they are manifested by complaints of pain and marked limitation of motion but not ankylosis.

The Board has determined that the veteran's current Crohn's disease is not related to service, and therefore denied his claim for service connection.

The Board has not yet determined the outcome of all issues, but it is clear that some aspects of the veteran's claims have been reopened and others denied. The decision on service connection for hives remains pending.

The Board has determined that the veteran currently has cold injury residuals diagnosed as onychomycosis, which is reasonably of service onset. As such, the claim for service connection for these residuals is granted.

The Board has denied the veteran's claims for service connection and dental treatment for loss of tooth number six due to lack of evidence showing trauma or osteomyelitis, and because he did not meet other eligibility criteria.

The Board has remanded the case due to insufficient evidence regarding the etiology of the veteran's left eye disability and its relationship to his service-connected multiple sclerosis.

The Board has granted an extension of the appellant's delimiting date for educational assistance benefits under Chapter 35, Title 38, United States Code, in the monthly equivalent of eight semesters due to her obligations to care for her father with a chronic illness.

The veteran's appeal has been dismissed due to his death.

The Board has determined that the veteran's claim to reopen his right elbow disability claim is granted, and he is entitled to service connection for this condition. The evidence received since the last denial shows that the veteran's pre-existing right elbow injury was not aggravated by active duty service.

The Board denied the claim as lacking legal merit, stating that the appellant and the veteran were only legally married for a short period of time before the veteran's death.

The Board has remanded the case due to incomplete information and failed attempts to locate a military physician who signed medical records associated with the veteran's death. The appellant is seeking service connection for the cause of her husband's death, which was caused by adenocarcinoma.