Other conditions decisions — 2007

The Board has ordered additional development due to the validity of the overpayment and whether it was properly created. The veteran's claim will be returned for further consideration.

The Board has determined that the veteran's service-connected left eye disability did not cause or lead to his spinal cord injury, and thus denied his claim for secondary service connection.

The Board denied service connection for a cardiac disorder and a right eye disorder, finding that the veteran did not have current disabilities related to his military service.

The veteran's service-connected right leg disability did not cause or contribute to his death from congestive heart failure. The Board denied the claim for service connection for the cause of the veteran's death.

The Board has determined that the veteran does not currently have residuals of a right femoral neck injury incurred in service, and thus denied her claim for service connection.

The Board found no CUE in the March 2000 rating decision that denied service connection for the cause of the veteran's death. The effective date remains August 17, 2004.

The Board has determined that the veteran's service-connected pulmonary emphysema contributed substantially or materially to his death, which was caused by intracranial hemorrhage. Therefore, service connection for the cause of the veteran's death is granted.

The veteran's claim for an earlier effective date for service connection of a skin rash was granted, with the effective date set at November 30, 2004.

The Board has reopened the veteran's claim for VA benefits based on a period of service from January 1968 to July 1971 due to new and material evidence provided. The case is now pending further adjudication.

The veteran's unauthorized medical expenses incurred at Jackson County Memorial Hospital on September 14, 2004 and Comanche County Memorial Hospital on September 14-15, 2004 were reimbursed by VA due to the emergent nature of his condition.

The Board denied the veteran's claim for a waiver of recovery of an overpayment of vocational rehabilitation subsistence allowance, finding that recovery would not be against equity and good conscience.

The Board denied a rating in excess of 30 percent for the veteran's lung disorder secondary to asbestos exposure, finding that his FEV-1 and FEV-1/FVC levels have never fallen below the required percentages for a higher evaluation.

The veteran's claim for a compensable evaluation for organic impotence prior to December 29, 2006 was denied. However, the VA found that there is sufficient evidence of an abnormality (loss of sensation over the glans penis) from this date onwards, warranting a 20% evaluation.

The Board denied the claim for service connection for the cause of the veteran's death, finding that there was no evidence linking his death to his active duty service.

The Board denied the veteran's claims for service connection of diverticulum cancer and non-malignant thyroid nodular disease, both claimed as secondary to exposure to ionizing radiation. The claim for increased ratings for squamous cell carcinoma was also denied.

The Board found that the veteran's pre-existing poliomyelitis did not worsen during service, and thus denied his claim for service connection for residuals of poliomyelitis of the right arm.

The Board found that the veteran's death was not caused by VA's carelessness, negligence, or fault. The appellant argued that VA should have diagnosed and treated intracerebral hemorrhage sooner, but the reviewing physician concluded this would not have changed the outcome.

The Board denied service connection for gout and/or arthritis of the left upper extremity and both lower extremities, as well as other conditions. The claim for reopening a previously denied claim of service connection for hives was also denied.

The VA denied an increased evaluation for a simple fracture of the transverse process L4, as it did not meet the criteria for a compensable evaluation under the applicable rating schedule.

The veteran's claim for an earlier effective date for service connection was denied as there is no evidence of a prior claim being filed before July 16, 2002.