Other conditions decisions — 2007

The Board has determined that the veteran does not have a compensable disability related to his service-connected diabetes mellitus, and therefore cannot establish service connection for poor vision with symptoms of tearing.

The Board finds that the criteria for an increased rating for convulsive disorder with grand mal reflex spasm of diaphragm, also claimed as hiccup condition have not been met and denies the claim.

The veteran's peptic ulcer disease and gastritis have not been active since March 2005, thus the claim for an increased evaluation is denied.

The veteran seeks reimbursement for medical expenses incurred at a non-VA hospital from July 19 to July 20, 2004. The case is being remanded due to the need for additional evidence and an opinion regarding whether the situation was emergent.

The veteran's varicose veins of the left leg are currently rated at 50 percent, and he is not entitled to a higher rating. The Board also found that he does not meet the criteria for TDIU based on his service-connected disabilities.

The Board has determined that the veteran's right knee disability warrants a 20 percent rating since May 3, 2006 and subsequent to August 1, 2006.

The veteran has withdrawn his appeal regarding nonservice-connected disability pension, and the Board dismisses the appeal.

The Board has reopened the claim of service connection for residuals of excision of a cyst on the chest. A VA examination is needed to determine if there is current scarring and whether it is related to service. The veteran's request to reopen his claim of service connection for a nervous condition involving a facial tic is also addressed, with an invitation to provide any relevant private records or statements from his 'buddy' who served with him in the military.

The Board denied the overpayment of death pension benefits and whether it was properly created. The Court vacated this decision, ordering further development.

The case is being remanded for additional development of the veteran's service personnel records and consideration of all adjudicative documents.

The Board has remanded the case for further development, including scheduling a VA examination and obtaining additional service medical records. The veteran's claims for hernia and testicular condition will be reconsidered based on the new evidence.

The VA denied the appellant's application for Survivors' and Dependents' Educational Assistance (DEA) benefits under Chapter 35 of Title 38 of the United States Code due to his age limit, as he turned 31 during an academic quarter or semester.

The Board denied the veteran's claims of service connection for residuals of a fractured jaw and temporomandibular joint syndrome, finding no evidence of an in-service injury or diagnosis.

The Board found that the veteran's death was not due to a service-connected disability and denied compensation under 38 U.S.C.A. § 1151 for death due to medical treatment VA provided from 1988 to 1990.

The Board has remanded the case for additional examination to determine the extent of the veteran's injuries and their impact on his disability rating. The veteran is entitled to a higher rating for his gunshot and shell fragment wounds, but further evidence is needed before this can be determined.

The Board has reopened the veteran's claim for service connection for cardiovascular disability, including atherosclerosis. The September 2007 VA opinion supports that this condition began in service and is related to it.

The veteran's additional left hand disability is not deemed to be the result of VA care, and thus compensation under 38 U.S.C.A. § 1151 for the residuals of surgery performed at a VA medical facility is denied.

The veteran's initial compensable ratings for his right inguinal hernia and lipoma of the right posterior neck have been denied.,Separate ratings are sought for a neuropathic pain syndrome associated with his service-connected right inguinal hernia.

The Board found no evidence of a skin disorder of the feet in service or since, and denied the claim for service connection.

The Board denied the veteran's claim for service connection for a skin disorder, finding no evidence linking his current condition to his in-service rash and noting that there is no positive association between exposure to herbicides and any other condition.