Other conditions decisions — 2007

The Board has determined that the veteran's service-connected post-operative residuals of a perirectal abscess have more nearly approximated occasional involuntary bowel movements necessitating wearing of a pad for the entire period of claim, warranting a 30 percent disability rating under Diagnostic Code 7332. The grant of an increased rating to 30 percent has been granted.

The Board denied the veteran's claims of service connection for shell fragment wound disability of the left eye and retained bullet in the skull, as there is no evidence of such injuries. The claim for an initial rating higher than 30 percent for anxiety disorder was also denied.

The veteran's request for additional vocational rehabilitation benefits has been remanded due to the lack of a requested hearing before the Board of Veterans' Appeals.

The Board denied the veteran's request for a waiver of repayment of an overpayment of non-service-connected pension benefits, finding that he was at fault in creating the debt and that recovery would not be against equity and good conscience.

The veteran's service-connected residuals of a removal of verruca vulgaris from the toes and orthostatic albuminuria do not meet the criteria for an increased rating as they do not result in functional impairment or interference with normal employability.

The Board denied the veteran's appeal for Dependents Educational Assistance (DEA) benefits under Chapter 35, Title 38 of the United States Code for cosmetology courses taken by the appellant at J's Beauty and Barber, Jones International Cosmetology College, and Houston Community College. The decision also stated that retroactive educational assistance is not granted for any period prior to March 29, 2001.

The veteran's monthly VA compensation benefits are denied as the appellant is not entitled to receive a monthly apportionment of his benefits due to her husband's reasonable discharge of support responsibilities.

The veteran's residuals of a right axilla shrapnel wound are currently rated at 10% disabling, which is the maximum schedular rating available under Diagnostic Code 5301. The VA has granted his claims for increased ratings.

The veteran's dementia was not shown to have had its onset during service or for many years thereafter, and the Board found that it is more likely due to alcohol abuse. Therefore, the claim for service connection was denied.

The veteran's compensation benefits were terminated effective December 27, 2001 due to an outstanding fugitive felon warrant and reduced to one-half the ten percent rate due to incarceration. The appeal is denied.

The Board has determined that there is no current disability related to the veteran's claimed cold injury during service, and thus denied his claim for service connection.

The Board denied the veteran's claim for service connection for bone deterioration in his bilateral legs, finding no evidence of such condition and noting that any claimed bone deterioration was related to his service-connected peripheral neuropathy.

The veteran's claim of service connection for dental injury has been denied, and the Board is remanding the matter to the RO for further action.

The Board has remanded the case for a VA examination to determine if the veteran's current vagal nerve syncope is related to his military service. The claim will be readjudicated after the examination.

The veteran's appeal is being remanded due to a scheduling conflict for his hearing. The issue of entitlement to a compensable evaluation for pterygium, right eye remains on hold.

The Board finds that the veteran and appellant continuously cohabited since June 1999 to the date of the veteran's death, thus granting the appellant recognition as the surviving spouse for VA benefits.

The VA denied a higher rating for the veteran's lung condition, finding that his current respiratory impairment is not more than 15% related to his service-connected lung disorder.

The Board found that the veteran's current left shoulder condition was not caused by VA negligence or carelessness, and thus compensation under 38 U.S.C.A. § 1151 for a humerous fracture, post operative, left is denied.,Similarly, the Board determined that the left hand condition due to left shoulder surgery did not result from VA negligence or carelessness, leading to denial of compensation under 38 U.S.C.A. § 1151.

The Board denied the appellant's claim for recognition as the surviving spouse of the veteran for VA death benefits purposes due to her divorce from the veteran at the time of his death.

The Board has determined that the veteran's service-connected residuals of a marked fracture of the second metatarsal of the left foot do not meet the criteria for a compensable disability rating under the applicable diagnostic codes.