Other conditions decisions — 2007

The veteran's residuals of a left elbow fracture warrant separate ratings for limitation of flexion, extension, and supination since April 15, 2005.

The Board has determined that the veteran's presbyopia, a normal aging phenomenon and not a disease or injury within the meaning of applicable legislation relating to service connection, is unrelated to any in-service injury. As such, service connection for a right eye disability is denied.

The Board found that the veteran was at fault in not promptly reporting his IRA distribution, which resulted in an overpayment. However, due to his current financial situation and incarceration, recovery of the overpayment would be against equity and good conscience.

The Board has remanded the case due to a lack of proper evidentiary development regarding the veteran's exposure to herbicides, specifically Agent Orange. The RO must verify whether the veteran served in an area exposed to herbicides and determine if presumptive service connection is warranted for follicular non-Hodgkin's lymphoma.

The Board found that the veteran's claimed intestinal syndrome is not related to his military service, including exposure to Agent Orange. The medical evidence did not show a chronic condition during or after service.

The Board denied an increased rating for the veteran's right foot disability, finding that it is currently rated as 20 percent disabling and does not warrant a higher rating.

The Board has determined that the veteran's stricture of the esophagus with dysphagia is not related to his service-connected post-operative residuals of a laparotomy with gastritis, and thus denied the claim.

The Board denied the veteran's claim for service connection for the residuals of an electric shock, finding no current demonstration of such disabilities and noting that there is no competent evidence of residual impairment.

The case is being remanded to the RO for further review and consideration of the appellant's application for exclusion of children's income, as it was not previously considered.

The Board has granted a 20 percent rating for the veteran's residuals of a thoracotomy, with fibromyositis of the upper half of the left trapezius muscle since February 13, 2007. Additionally, a separate 10 percent rating is assigned for a tender scar as a residual of the thoracotomy.

The Board found that the veteran did not have a current dental condition related to service and denied his claim for service connection.

The Board found that the veteran's pericardiocentesis procedure, which resulted in a pericardial effusion and subsequent complications, was not caused by his willful misconduct. The additional disability of pericarditis is considered to be secondary to the VA care provided during the December 2001 treatment.

The veteran's appeal for service connection for multiple myeloma due to exposure to ionizing radiation has been dismissed as the appellant died during the pendency of the appeal.

The Board has reopened the veteran's claim for service connection for a deviated septum and granted it, finding that new evidence supports the claim. The condition is considered to have been incurred during active military service.

The Board denied the veteran's application to reopen his claim for service connection for a bilateral ear disability, finding that no new and material evidence had been submitted.

The Board has reopened the veteran's claim for service connection due to new and material evidence. The Board also found that the veteran's degenerative spondylosis of the thoracic spine is related to his military service.

The veteran is seeking an increased rating for a low back disorder, initially service connected in April 1980. The case has been remanded due to the need for additional medical records and clarification of diagnoses.

The Board has denied the veteran's claims for service connection for bruxism and myofacial pain syndrome, finding that there is no evidence of a current disability resulting from these conditions.

The Board has remanded the case due to incomplete information and need for further development, including obtaining a dose estimate of radiation exposure and requesting an opinion from the Under Secretary for Benefits regarding whether the veteran's laryngeal cancer is at least as likely as not caused by service-related radiation exposure. The periodontal disease claim remains pending.

The veteran's appeal has been withdrawn, and the case is dismissed.