Other conditions decisions — 2007

The Board has granted the veteran's claim to reopen and denied service connection for a genitourinary disorder, including as due to herbicide exposure. The issue of tinnitus evaluation remains pending.

The veteran's basal cell carcinoma and actinic keratosis involving the face were evaluated at a 10 percent rating from January 4, 2000 to February 12, 2001. From February 13, 2001 to August 1, 2002, he was rated as having moderate disfiguring scars of the face warranting a 10 percent evaluation. Since August 2, 2002, his condition has not met criteria for an increased rating.

The veteran's appeal is being remanded for additional development due to the need for a medical opinion regarding his ability to work during the period from July 1986 to December 1995.

The Board has determined that the veteran's gout does not warrant an evaluation in excess of 20 percent, as there is no objective evidence of active gouty arthritis.

The Board has remanded the case for a VA opinion to determine if diabetes mellitus significantly contributed to the cause of death and whether in-service exposure to herbicides caused the veteran's death.

The Board has granted service connection for a bilateral foot disorder (pes cavus and Morton's Neuroma) due to repetitive trauma during military service, including marching in combat boots. Service connection was denied for skin cancer.

The Board has determined that the veteran's death was not caused by a service-connected disability, and thus denied the claim for service connection for the cause of the veteran's death.

The VA has determined that the veteran's service-connected left eye disability does not warrant a rating higher than 10 percent.

The veteran's application for enrollment in the VA healthcare system was denied because he does not have a compensable service-connected disability and his income status does not qualify him for special eligibility categories.

The Board found no evidence of a current back disability related to service and denied the veteran's claim for service connection.

The veteran's income exceeds the maximum annual rate for improved pension benefits, as determined by his reported income and unreimbursed medical expenses. Therefore, he is not eligible for nonservice-connected pension.

The veteran's appeal is remanded due to the need for further development and consideration of whether he is entitled to a waiver of overpayment of additional compensation benefits after his son stopped attending college.

The Board has determined that the appellant did not have service as a member of the Philippine Commonwealth Army, including recognized guerrillas, in the service of the United States Armed Forces. Therefore, they are denied basic eligibility for VA benefits.

The Board denied the appellant's request to reopen his claim for VA benefits, finding that no new and material evidence had been presented.

The veteran's temporal iris atrophy of the right eye is due to carelessness, negligence, or lack of proper skill on the part of VA medical personnel during his cataract surgery in November 2002. The Board found an approximate balance of positive and negative evidence regarding whether this was due to VA fault, so it granted compensation under 38 U.S.C. § 1151.

The Board has remanded the case for additional development due to missing medical records and Social Security Administration disability file.

The veteran seeks service connection for epidermal cysts, which he claims are due to his in-service exposure to herbicide agents. The case is being remanded for further development including obtaining past and current pathological studies of the skin cysts and a medical opinion regarding their etiology.

The case is being returned to the RO for a Travel Board hearing scheduled in September 2007. The appellant will be notified of this hearing and provided with proper notice.

The appellant's income exceeded the maximum annual pension rate for a surviving spouse with one child, resulting in denial of her claim for improved death pension benefits.

The veteran's claim for a total rating due to unemployability caused by service-connected disabilities was denied as he does not have any service-connected disabilities.