Other conditions decisions — 2007

The Board has denied the appellant's claim for an increased evaluation for his left leg varicose veins, finding that the current manifestations do not warrant a rating higher than the currently assigned 10 percent disability evaluation.

The Board has remanded the case due to insufficient verification of claimed stressors and a need for further development, including notification about submitting statements from fellow service members as corroborating evidence.

The VA has determined that the veteran's service-connected fractured left fourth metacarpal does not warrant a compensable rating.

The Board found that the veteran's service-connected bilateral cold injuries to the feet did not result in blood clots, pulmonary emboli, and phlebitis. The evidence does not support a finding of secondary service connection.

The Board found no evidence of radiation exposure during service and concluded that the veteran's breast cancer is not related to her military service, thus denying her claim.

The Board has denied the veteran's claim for an increased rating for his service-connected hiatal hernia, finding that it does not meet the criteria for a higher rating.

The Board finds that for the period beginning September 18, 1997, the veteran's left foot disability is shown to have caused no more than severe incomplete paralysis of the popliteal nerve, warranting a 30 percent rating under Code 8521. However, there is no basis for assigning a higher rating.

The Board found that the veteran's current bilateral foot disorder is not attributable to service, and thus denied his claim for service connection.

The Board denied the appellant's DIC benefits under 38 U.S.C.A. § 1318, finding that she did not meet the criteria for such benefits due to a lack of service-connected disabilities and insufficient evidence to establish hypothetical entitlement.

The Board found no evidence of a current right big toe disability and denied the veteran's claim for service connection.

The veteran's claims of increased ratings and service connection for liver and bladder disorders were denied. The RO found that the veteran did not have current liver or bladder disorders, and his service-connected back and abdomen injuries do not warrant a higher rating.

The Board has denied the veteran's claim for service connection for dental trauma, finding no evidence of in-service trauma and insufficient medical opinion to support a current disability.

The veteran's claims for increased ratings and service connection were denied. The left thigh muscle injury was rated at 30%, the neck muscle injury at 20%, and a compensable rating (10%) was assigned for scars of the left thigh. Service connection for hypertension secondary to diabetes mellitus is pending.

The Board has granted a waiver of recovery for the overpayment of $513 in VA benefits due to the veteran's divorce and failure to notify VA of his marital status.

The Board has denied the appellant's claims for compensation under 38 U.S.C.A. § 1151 for a vascular condition secondary to heart catheterization and for a left leg condition, finding that there was no evidence of VA fault or unforeseeable event in providing the treatment.

The veteran's combined disabilities have resulted in a total employment impairment, warranting the maximum schedular ratings for each condition.

The veteran seeks an earlier effective date for the award of a total rating based on individual unemployability (TDIU). The Board finds that the earliest possible effective date is January 21, 1999, as this was when the veteran met the schedular criteria for TDIU. The veteran's service-connected dysthymic disorder was also awarded with an initial 50% rating on this same date.

The veteran's nerve damage as a result of the lipoma removal surgery is not considered to be compensable under 38 U.S.C. § 1151 due to lack of fault on VA's part and reasonable foreseeability of the consequences.

The Board has determined that the veteran's panic disorder with agoraphobia is presumed to have been incurred in service, and thus granted service connection for this condition. The issue of service connection for a disability manifested by dizzy spells remains pending.

The Board has determined that the veteran's claims for service connection for a lower intestinal disorder and an anorectal disorder are remanded due to inadequate development of evidence.