Other conditions decisions — 2007

The veteran is seeking service connection for ulcerative colitis, which he claims began during his military service. The Board has ordered additional development to obtain missing service records and a VA examination.

The veteran's apprenticeship program required a minimum of 8,780 hours and two years of formal schooling. The Board found that the veteran met these requirements and thus granted an extension of his educational assistance benefits.

The Board denied the appellant's eligibility for educational assistance benefits under Chapter 1606, Title 10, United States Code due to her discharge from the Selected Reserve on September 10, 2002, which was not due to a disability.

The veteran's unauthorized medical expenses for treatment at Eastern Maine Medical Center from January 18, 2006 to January 20, 2006 are denied as the condition was already stabilized and VA facilities were not feasibly available.

The Board has determined that the veteran's Osgood-Schlatter's disease does not warrant an evaluation greater than 10 percent, as there is no evidence of moderate knee or ankle disability or limitation of motion.

The veteran's residuals, multiple fractures of the pelvis, have been productive of complaints of left hip pain and weakness; objectively, some limitation of motion, pain, and pelvic deformity have been demonstrated. However, there is no showing of a listing of whole spine to opposite side, positive Goldthwaite's sign, marked limitation of forward bending in standing position, loss of lateral motion with osteo-arthritic changes, narrowing or irregularity of joint space, or favorable ankylosis of the entire thoracolumbar spine. Therefore, the criteria for entitlement to an evaluation in excess of 20 percent have not been met.

The Board has determined that the veteran's right eye and right eyelid disorders are not due to VA carelessness, negligence, or lack of proper skill. The events were not reasonably foreseeable.

The Board denied an increased rating for the veteran's service-connected chronic skin disease of the hands and feet, finding that it did not meet the criteria for a higher disability evaluation.

The Board has determined that the veteran's service-connected duodenal ulcer treated by gastric resection contributed to his death, and thus grants service connection for the cause of his death.

The Board has ordered additional development due to the need for a medical opinion regarding the relationship between the veteran's in-service diagnosis of exostosis and their current foot disorders.

The Board has determined that the veteran's service-connected mitral valve prolapse does not warrant a compensable evaluation as it is currently asymptomatic and his MET level is at least 12 to 14.

The Board found that the veteran's claimed head injury clearly and unmistakably pre-existed his entry into active military service, and the residuals of that injury did not become permanently more disabling during such service. Therefore, the claim for service connection was denied.

The Board has granted a higher apportionment of the veteran's benefits to the appellant in the amount of $328 per month, but no higher. The decision concludes that the appellant experienced significant financial hardship and her monthly income exceeded her expenses.

The Board found that the veteran's neuropathic pain of the right and left lower extremities were not caused by VA carelessness, negligence, or similar fault. The veteran was not specifically cleared to engage in strenuous physical activities which may have aggravated his condition.

The veteran's stomach disability, diarrhea, and abdominal pain have been attributed to various known clinical diagnoses such as gastroenteritis and lactose intolerance. There is no medical evidence linking these conditions to active service.

The veteran's claim for additional compensation for dependents was denied because he did not report his divorce from his first wife, C.L., until after the effective date of the change in law. The RO had previously informed him to notify them if there were any changes in his dependents.

The appeal is being remanded to the RO for scheduling a hearing before a traveling Veterans Law Judge, as requested by the veteran. The appellant and the veteran must be notified of this new hearing.

The Board has determined that the veteran's sickle cell trait, a diagnosis alone without directly attributable pathological findings, is not a disability for VA purposes and therefore service connection cannot be granted.

The veteran's post-operative residuals of umbilical and bilateral inguinal hernias are considered service-connected.

The Board has denied the veteran's application to reopen his previously denied claim for service connection for a nervous condition, finding that new and material evidence was not submitted.