Other conditions decisions — 2007

The Board found no evidence of a chronic lung disability and concluded that the veteran's alleged lung condition is not related to his service.

The Board found that the veteran's service medical records are not available, and there is no evidence of a nexus between her current conditions and her period of active duty service.,There was no post-service continuity of symptomatology for either condition. The Board concluded that residuals of endometriosis were not incurred in or aggravated by active military service.

The Board denied the veteran's claim for an initial evaluation in excess of 10 percent for recurrent atrial fibrillation, finding that his condition did not meet the criteria for a higher rating under either the previous or revised VA rating criteria.

The Board has determined that there is no evidence of a claim for service connection prior to January 12, 1997. As such, the effective date for the grant of service connection for pancreatitis cannot be earlier than January 12, 1998.

The Board has determined that the veteran's service-connected hypertensive cardiovascular disease warrants a 30 percent disability rating, effective from the date of the July 2002 rating decision.

The veteran's claim for service connection for sterility is being remanded due to the need for additional testing, including a testicular biopsy. The VA will determine if there is at least a 50% probability that his sterility is related to his service.

The Board denied an initial disability rating in excess of 20 percent for hemiparesis of the right lower extremity and a rating in excess of 10 percent for hemiparesis of the right upper extremity.,Both conditions are evaluated under Diagnostic Codes 8521 (right lower extremity) and 8518 (right upper extremity), respectively, based on incomplete paralysis.

The Board denied the veteran's claims of entitlement to service connection for muscle/joint pain, excessive fatigue, and prostatitis due to lack of new and material evidence.

The veteran's death was not due to his own willful misconduct, and he had a service-connected disability rated totally disabling for at least ten consecutive years prior to his death. However, the claim is denied as the veteran did not meet the requirement of having a total rating based on individual unemployability for 10 years prior to his death.

The Board has found that the veteran's death was due to arteriosclerotic cardiovascular disease, which originated in service and is therefore service-connected.

The Board found that the rating decisions of December 1945 and November 1947 denying service connection for osteomyelitis secondary to an injury of the right ankle did not contain clear and unmistakable error, as there was no evidence of active bone destruction or active osteomyelitis prior to service.

The veteran's application for enrollment in the VA healthcare system was denied due to his nonservice-connected status and placement in priority category 8, which is not eligible for enrollment as of January 17, 2003.

The Board found that new and material evidence had not been received to reopen the claim of entitlement to service connection for a left inguinal hernia, resulting in a denial.

The veteran's polycythemia vera is permanently and totally disabling, and he was granted a permanent total disability rating. The arthritis issue remains pending as the VA has not provided an examination to determine if it had its onset in service or is otherwise related to active service.

The Board has denied the veteran's claims to reopen his service connection claims for residuals of a right eye injury and residuals of a right leg injury, finding that the additional evidence submitted does not relate to an unestablished fact necessary to substantiate the underlying claim.

The veteran did not have any qualifying wartime service, so the appellant does not meet the eligibility requirements for VA non-service connected death pension benefits.

The appellant withdrew her appeal regarding the issue of accrued benefits for individual unemployability.

The Board has decided to remand the case for additional development and review of the evidence, including obtaining medical documents from Washington Hospital and associated records. The veteran's claim for payment or reimbursement of unauthorized medical expenses will be reconsidered based on the new information.

The Board has determined that the overpayment of $3,543.00 in death pension benefits should be waived due to the appellant's failure to timely report her change in employment status and income, which created the overpayment. The Board found some fault with the appellant but also noted no fault on VA's part. Considering the hardship this would impose on the appellant, the Board decided against recovery of the overpayment.

The Board has remanded the case for additional development due to a failure to discuss findings on VA examination in December 2001 regarding numbness of fingertips and toes.