Other conditions decisions — 2007

The Board has determined that the veteran is entitled to a 30 percent evaluation for his service-connected bilateral defective hearing from November 28, 2000. The issue of an increased rating in excess of 30 percent remains on appeal. For his service-connected bilateral tinnitus, the maximum schedular evaluation (10%) has been granted.

The Board has determined that the evidence submitted since the September 1999 administrative decision is not new and material, thus denying the appellant's request to reopen her claim for Dependency and Indemnity Compensation (DIC) benefits.

The Board has determined that the veteran's urticaria does not meet the criteria for a rating greater than 10 percent, as it is responsive to treatment with antihistamines or sympathomimetics and does not require intermittent systemic immunosuppressive therapy.

The veteran died of causes unrelated to service-connected disabilities, and therefore the claim for service connection for the cause of death is denied.

The Board has determined that the veteran's service-connected left testicle removal does not warrant an increased evaluation as his right testicle is present and not non-functional.

The veteran withdrew his appeal regarding the increased evaluation for service-connected bilateral sensorineural-type deafness.

The Board found that the veteran's current gastrointestinal disorder is not related to his military service and denied his claim for service connection.

The Board found that the reduction of the disability evaluation for adenocarcinoma of prostate from 100% to 40% was proper. The RO increased the evaluation to 60%, effective April 3, 2006, but did not find an increase in severity beyond this level.

The Board denied the veteran's claims for a higher rating for his right eye disability and service connection for left eye disability, finding that there was no evidence of any left eye disability or that it is related to his service-connected right eye disability.

The veteran does not meet the basic eligibility criteria for educational assistance under Chapter 30, Title 38, United States Code.

The Board has denied the veteran's claims for service connection for a bilateral foot condition and left indirect inguinal hernia condition, finding no evidence of current disabilities or that any pre-existing conditions were aggravated by service. The claim for compensation under 38 U.S.C.A. § 1151 for residuals of colon cancer surgery was also denied.

The Board found no evidence of service connection for Post Traumatic Stress Disorder (PTSD) and denied the claim.

The Board determined that the overpayment in this case did not result from bad faith on the part of the veteran, and thus waiver of recovery of the overpayment was not precluded by law. The issue will be addressed again under the standard of equity and good conscience.

The Board has determined that the appellant is not entitled to proceeds from the veteran's NSLI policy due to a lack of valid beneficiary designation.

The veteran is seeking service connection for disc degeneration at L5-S1 as secondary to his service-connected mechanical low back disability. The Board has remanded the case for a medical examination and opinion regarding the etiology of the veteran's condition.

The Board denied the appellant's claim for service connection for the cause of her husband's death, concluding that chronic lymphocytic leukemia was not incurred or aggravated by service and no presumption related to radiation exposure applied.

The Board has denied the veteran's claim for a rating in excess of 10 percent for hallux valgus of his left foot, finding that the condition does not present such an exceptional or unusual disability picture as to render impractical the application of the regular schedular standards.

The veteran has withdrawn his appeal regarding the extension of eligibility for vocational rehabilitation training. As a result, the Board dismisses the appeal.

The Board has granted service connection for perianal fistulas as secondary to Crohn's disease, and has found that the veteran's Crohn's disease was aggravated by his military service. Ulcerative colitis is not considered a current disability.

The Board found that the appellant's discharge from service was under honorable conditions, and thus not a bar to VA benefits due to his absence without leave (AWOL).