Other conditions decisions — 2007

The veteran's appeal is being remanded due to the need for updated medical records and a VA spine examination. The issue of entitlement to an initial compensable rating for his thoracic spine disability with arthralgia will be reconsidered under the new rating criteria.

The Board has decided to remand the case due to the need for a VA examination and opinion regarding the veteran's lung disease, which may be related to in-service pneumonia.

The veteran's urinary disability is determined to be the result of carelessness, negligence, lack of proper skill, or error in judgment on his part rather than due to VA hospitalization and treatment. As a result, compensation under 38 U.S.C.A. § 1151 is not warranted.

The Board denied the veteran's claim for service connection for squamous cell carcinoma of the throat, finding that there was no evidence of a current disability and noting that the condition did not start during active duty. The Board also found that it was not related to exposure to herbicides.

The Board denied the appellant's claim for nonservice-connected pension benefits as he did not have qualifying service, despite his belief that he had served in excess of 90 days during a period of war.

The veteran's esophageal cancer was not incurred or aggravated in his active duty service and is not presumed to be related to herbicide exposure. The Board found no direct causation of the condition during service, as there were no symptoms or diagnoses noted at separation. As a result, the claim for service connection was denied.

The Board has determined that the veteran does not have a current disability of the spleen or liver due to service. The claims for dermatitis, respiratory disorder, PTSD, depression, hepatitis C, diabetes mellitus, skin condition, and neck nodules are also denied as there is no evidence linking these conditions to service.

The Board found no evidence of degenerative joint disease in service or for approximately 33 years thereafter, and thus denied the veteran's claim for service connection.

The Board has determined that new and material evidence has been received to reopen the claim for service connection for the cause of the veteran's death. A VA clinician will provide an opinion on whether the peptic ulcer disease began during or was caused by service.

The Board found that the home loan guaranty indebtedness in the amount of $4,265 plus interest was validly established and enforceable by VA against the veteran.

The case is being remanded for further development, including obtaining private medical records and providing a genitourinary examination to determine the nature and etiology of the veteran's claimed conditions.

The appeal is being remanded for further development, including scheduling a videoconference hearing at the RO.

The Board has determined that new and material evidence has not been received to reopen the veteran's claims for left eye disorder and neck condition.,However, the Board has reopened the veteran's claim of entitlement to service connection for a right eye disorder.

The Board denied the veteran's claims for an initial disability rating in excess of 20 percent for calluses of each foot from September 18, 1995 to January 31, 2000. The appeal is based on a direct service connection.

The VA denied an initial rating in excess of 10 percent for symptomatic corns and calluses of the fourth web space of the left foot, status post surgery. The disability is currently rated at 10 percent.

The Board has ordered a remand due to the need for additional medical examination and opinion regarding the veteran's psychiatric disorder, specifically whether it is related to service or early manifestations of psychosis.

The veteran's claim for special monthly pension based on the need for regular aid and attendance of another person or by reason of being housebound is denied as he does not meet the criteria set forth in VA regulations.

The Board has granted service connection for a chronic respiratory disability, finding that the evidence is in equipoise and granting the benefit of the doubt to the veteran. The issue of an initial rating in excess of 10 percent for PFB will be remanded.

The veteran's thoracic spine disability, specifically deformity of T9 vertebra with muscle spasms, is rated at 20 percent. The Board found that the symptoms are commensurate with a 20 percent evaluation under Diagnostic Code 5295 for lumbosacral strain.

The VA determined that the veteran's symptoms do not meet the criteria for a higher disability rating due to his obliterative vascular disease of the right leg.