Other conditions decisions — 2007

The Board has remanded the case for further examination and re-adjudication due to the need for an opinion regarding whether the veteran's symptoms are related to his service in the Persian Gulf.

The veteran's claims for increased evaluations for actinic keratoses and basal cell carcinoma were denied as the evidence did not meet the criteria for a higher evaluation under the applicable rating schedule.

The Board has determined that new and material evidence has not been received to reopen the claim of entitlement to VA benefits based on the character of the appellant's discharge.

The Board has determined that the veteran's tooth decay is not a result of his service-connected GERD and therefore, denied the claim for service connection.

The Board has granted a waiver of recovery for an overpayment of pension benefits in the amount of $807, finding that recovery would be against equity and good conscience.

The Board has determined that the veteran is reasonably discharging his responsibility for supporting his children and thus, a general apportionment of the pension benefits is not appropriate. The appellant's claim for a special apportionment based on financial hardship was also denied.

The Board found that the veteran's residuals, head injury preexisted service and was not aggravated by service. Therefore, the claim for service connection is denied.

The veteran's death was not service-connected, and the maximum burial allowance of $2,000 has already been granted. The claim for a burial allowance in excess of this amount is denied.

The Board denied the veteran's claim for service connection for a right hand condition, finding no current disability and insufficient evidence linking any current symptoms to service or service-connected conditions.

The Board denied service connection for residuals of botulism and a deviated nasal septum, finding no evidence of current disabilities or in-service events that would support the claims.

The veteran's death was not service-connected, and the Board denied entitlement to DIC benefits under 38 U.S.C.A. § 1318 due to lack of continuous total disability rating for at least ten years prior to his death.

The veteran's claim for service connection for the residuals of a brain tumor is being remanded due to the need for additional development, including an examination and etiological opinion. The propriety of the April 1995 Administrative Decision finding that the October 1972 motor vehicle accident was the result of the veteran's willful misconduct is also in question. Additionally, there is a pending application to reopen his previously denied claim for service connection for an acquired psychiatric disorder.

The veteran's claim for a rating in excess of 10 percent for his right middle finger disability was denied on both schedular and extraschedular grounds. The maximum schedular evaluation is already assigned, and the Board found that an extraschedular evaluation is not warranted given the lack of evidence of marked interference with employment or frequent hospitalizations.

The VA determined that the veteran's right hand injury with arthritis did not warrant an increased rating as it did not result in significant limitation of motion or neurological impairment.

The Board has denied the veteran's claim for service connection for residuals of trench mouth, finding that his dental condition does not meet the criteria for compensable disability ratings or eligibility for VA outpatient dental treatment.

The Board dismissed the appeal as the appellant did not submit a timely substantive appeal concerning the April 2001 RO determination that denied entitlement to payment of attorneys fees from past-due benefits.

The veteran's back disability is rated at 30 percent for traumatic arthritis of the 11th and 12th dorsal vertebrae with compression deformities, while his left elbow disability remains at a 10 percent rating.

The case is being remanded for additional development to locate medical records and determine the cause of death.

The Board has denied the veteran's claims for service connection for obesity and personality disorder, as well as his claim for a higher rating for hypertension. The veteran was previously granted service connection for hypertension in November 1974, but the current appeal is about whether new evidence supports reopening these claims.

The Board found that the veteran's current respiratory disorders are not related to his military service, including any asbestos exposure. The claim for service connection was denied.