Other conditions decisions — 2007

The Board has remanded the case for further development, including obtaining medical records from Dr. Hall and Dr. Kobbidge.

The Board finds that it would be against equity and good conscience for the VA to recover the overpayment of death pension benefits in the amount of $4,878.00. As a result, waiver of recovery is granted.

The Board has determined that the veteran's current impotence is not related to his service-connected lumbosacral condition and therefore denied the claim for secondary service connection.

The Board found no evidence of a chronic stomach condition related to the veteran's military service and concluded that her current abdominal pain is not caused by or aggravated by her time in the military.

The VA medical opinion indicated that the cause of the veteran's death was not related to his service-connected thrombophlebitis, and thus did not contribute substantially or materially to his death.

The Board has determined that the appellant does not have qualifying military service for VA benefits and denied his request to reopen a previous claim of non-service-connected disability pension benefits. The appeal is now being reconsidered due to additional development.

The veteran's service connection claim for stomach problems, including peptic ulcer disease, was granted by the Board of Veterans' Appeals.

The Board has remanded the case for further development, including a VA examination by Dr. S., and to consider all new evidence received.

The veteran's bilateral shin splints are rated as noncompensably disabling (0%). The RO has not assigned a higher evaluation for the right and left shin splints, as they do not meet the criteria for any of the listed ratings under DCs 5260-5261. For his right shoulder strain, he is currently evaluated at 10% based on limitation of motion (flexion limited to 30 degrees and extension limited to 15 degrees). His left shoulder strain does not meet the criteria for a higher evaluation as it only involves pain on motion without additional limitation of motion or other functional loss. The veteran's cervical spine disability is rated at 10% based on mild disc disease with pain on motion.

The Board has remanded the case due to inadequate VCAA notice, and the appellant must be provided with proper notification of what is needed to substantiate their claim.

The Board finds that the veteran does not have additional cardiovascular disability proximately caused by failure on VA's part to properly diagnose or treat her heart condition, and therefore denies her claim for compensation under 38 U.S.C.A. § 1151.

The Board has granted service connection for squamous cell carcinoma of the tongue, throat, and neck based on evidence linking it to herbicide exposure in Vietnam.

The Board has determined that the appellant did not file a timely substantive appeal to the June 2001 rating decision denying service connection for residuals of a back injury, and thus the claim is denied.

The Board has determined that a remand is necessary to obtain an examination and opinions regarding the veteran's right ring finger condition, including whether it pre-existed service or was aggravated by military service.

The appellant's claim for accrued benefits was denied as she did not file a timely application.

The veteran's claim for a higher rating of his service-connected compression fracture of the dorsal spine is being remanded to allow for additional examination and consideration.

The Board has determined that the submitted evidence does not raise a reasonable possibility of substantiating the claim for service connection for cold injury residuals, bilateral feet.

The Board has decided to remand the case for additional development due to ambiguity in medical findings regarding the veteran's claimed cold injury residuals.

The veteran's service-connected postoperative cataract with ptosis and photophobia, right eye is rated at 30 percent, which is the maximum schedular rating available under Diagnostic Code 6029 for aphakia. The RO denied an increased rating based on decreased visual acuity prior to surgery.

The VA determined that the veteran's left hip disorder does not meet the criteria for an initial compensable evaluation, as there is no evidence of limitation of motion or functional loss.