Other conditions decisions — 2007

The VA denied a rating in excess of 30 percent for bronchiecstasis, finding that the veteran's current condition does not meet the criteria for a higher evaluation.

The Board has ordered a remand to obtain the veteran's medical records from Merchant Seamen's Hospital in New Orleans, Louisiana. The case will be reconsidered after these records are obtained.

The veteran's claim for an increased rating for lacerations to the tips of his fingers and a dental disability due to tooth extraction is denied. The Board finds that there is no legal authority to grant service connection for the dental disability, as it is not compensable under VA regulations.

The Board found that the veteran did not report his Social Security income, which led to an overpayment of VA pension benefits. The debt was reduced from $31,818 to $16,766.25 and upheld as validly created.

The Board has remanded the case for additional development, including obtaining records from SSA and a VA medical examination to determine if any known exposure to ionizing radiation in service resulted in the development of endocrine cancer.

The veteran's ICS was initially granted with a 10% rating effective January 31, 2003. The claim for an increased evaluation prior to December 20, 2004 is denied. For the period from December 20, 2004 onwards, he received a higher 10% evaluation. Service connection for hemorrhoids was not granted.

The Board finds that the veteran's dystonia is not related to his use of Gabapentin prescribed by VA, and thus denies the claim for compensation under 38 U.S.C.A. § 1151.

The Board denied the appellant's claims for service connection for residuals of right and left ankle sprains, as well as his claim for an initial (compensable) evaluation for scars to the right side of his chest. The RO assigned a noncompensable disability rating for the service-connected scars.

The Board found that the appellant's current claimed condition is not sufficiently disabling and does not establish a nexus between her claimed left hand and arm condition and the lightening strike, thus denying service connection.

The veteran's service-connected postoperative rhinoplasty for traumatic deviated septum is currently evaluated at the maximum 10 percent rating under Diagnostic Code 6502. The condition does not meet criteria for higher evaluations based on sinusitis or other diagnostic codes.

The veteran's appeal for an increased rating and earlier effective date for service connection for a left eye vision loss was denied.,An initial disability rating in excess of 30 percent for the left eye vision loss is denied. The earliest effective date for service connection is March 30, 2001.

The veteran has withdrawn his appeal regarding the issue of additional retroactive disability compensation under 38 U.S.C.A. § 1114, and thus the case is dismissed without prejudice.

The Board found that the veteran's right wrist disability, which is currently rated at 10 percent disabling under Diagnostic Code 5215 (limitation of motion of the wrist), does not warrant a higher rating as there was no evidence of ankylosis or other conditions that would justify a higher evaluation. The maximum schedular evaluation for this condition has been granted.

The Board is remanding the case to provide proper VCAA notice and to consider whether new and material evidence has been submitted to reopen the claim of service connection for a left eye injury.

The Board found that the veteran's death was not caused by VA hospital care and medical treatment, as his condition developed due to recurrent Clostridium difficile infections contracted during earlier VA hospitalizations or from antimicrobial therapy prescribed by VA physicians.

The veteran's urgency incontinence is rated at 60 percent effective September 5, 2006. Prior to that date, the disability was rated at 40 percent.

The Board denied the veteran's claim for service connection for prostatitis, finding that there was no evidence linking his current condition to his military service.

The Board denied the appellant's request to reopen his claim for VA benefits, finding that he did not have qualifying service as a veteran and thus was not eligible for benefits.

The veteran's family income exceeds the maximum annual rate for payment of nonservice-connected pension benefits, as his income alone is over $10,000 and he has no dependents.

The Board found that the veteran did not have a chronic genitourinary disability due to service and denied his claim.