Other conditions decisions — 2007

The Board has reopened the veteran's claim for service connection for PTSD and finds that new and material evidence has been submitted. The issue now is whether the veteran's claimed in-service stressor actually occurred.

The Board has remanded the case due to issues related to service connection for cause of death and eligibility for Dependents' Educational Assistance. The appellant needs to be provided with proper notice as per Hupp v. Nicholson.

The Board denied the appellant's claim for an apportionment of the veteran's compensation benefits on behalf of their child, finding that it did not meet the criteria due to undue financial hardship caused by requiring the veteran to pay additional support.

The veteran's claim for an annual clothing allowance was denied as there is no evidence that his service-connected residual laceration wound requires the use of a prosthetic or orthopedic appliance that wears or tears his clothing.

The VA has determined that the veteran's bilateral cryptorchism does not warrant a rating in excess of 10 percent, as it only manifests intermittent pain and swelling without recurrent symptomatic infection requiring drainage or frequent hospitalization.

The veteran's death was not caused by his service-connected malaria, as the disease resolved within a few years and did not recur at the time of his accident.

The Board denied an increased rating for aphakia of the left eye, finding that the evidence did not support a higher rating.

The Board has determined that the veteran's left foot arthritis is an additional disability resulting from VA surgery in September 1990, and thus entitlement to compensation under 38 U.S.C.A. § 1151 is granted.

The Board denied the veteran's claim for an evaluation in excess of 20 percent for his intervertebral disc syndrome with bulging disc at L5-S1, finding that prior to September 23, 2002, the disability did not meet the criteria for a higher rating. Between September 23, 2002, and September 26, 2003, the disability was not productive of incapacitating episodes having a total duration of at least four but less than six weeks during a 12-month period. From September 26, 2003, the disability has not been productive of forward flexion of the thoracolumbar spine of 30 degrees or less, or favorable ankylosis of the entire thoracolumbar spine.

The veteran's stomach reflux esophagitis is productive of persistently recurrent epigastric distress with dysphagia, pyrosis, and regurgitation, accompanied by substernal or arm pain. The criteria for a 30 percent evaluation have been met for the entire appeal period.

The Board has determined that the veteran's DVT of the right calf does not meet the criteria for a compensable evaluation, as there are no objective findings of claudication or diminished peripheral pulses. The claim is therefore denied.

The Board has determined that the veteran's bilateral vitreous floaters are service-connected, as they had their onset during his active duty.

The veteran's service-connected residuals of a closed head injury with cerebellar hemorrhage and brain abscess are rated at the highest possible schedular evaluation (100%) due to total occupational and social impairment.

The Board granted service connection for residuals of compression fracture of L1 with secondary chronic back strain and assigned a 10 percent rating. The claim for an initial compensable rating for tinea pedis was also granted.

The veteran's claim for basic eligibility for educational assistance under Chapter 30, Title 38, United States Code is being remanded due to the need for additional development of her service records.

The Board denied the veteran's claims of service connection for left eye cataract on both direct and aggravation bases, as well as his request for an increased rating. The evidence did not support a finding that the right eye disability aggravated the left eye cataract.

The Board has determined that the veteran is not entitled to an effective date prior to March 31, 1998 for the grant of service connection for bilateral dry eye syndrome.

The Board has ordered additional development to determine the primary site of the veteran's death-causing liver cancer and whether it is among the diseases listed in 38 C.F.R. § 3.309(e) due to Agent Orange exposure.

The Board has denied the claim for an earlier effective date prior to February 19, 2004, for the grant of DIC as there is no legal basis for such a retroactive award.

The Board denied the reopening of a claim for service connection for residuals of a head injury due to lack of new and material evidence.