Other conditions decisions — 2007

The Board has determined that the veteran's ulcerative colitis is related to his military service and grants service connection for this condition.

The veteran is seeking compensation under 38 U.S.C. § 1151 for left foot fracture residuals, but the claim must be remanded due to inadequate VCAA notice and need for a more thoroughly explained medical opinion.

The veteran's claim for an increased rating for his service-connected right tibia fracture residuals is being remanded due to the need for additional evidence and a new examination.

The Board has restored the veteran's compensation benefits from July 1, 2003 to July 1, 1992 due to procedural error in reducing his disability rating.

The Board has determined that the veteran did not timely file a substantive appeal for his claim of an increased rating for residuals of a fracture of L-2, currently evaluated as 30 percent disabling. The claims related to service connection and reopening are being remanded.

The Board denied the veteran's claims for service connection for left leg and hip disabilities, as well as his claim for service connection for peripheral neuropathy. The decision found that new evidence did not raise a reasonable possibility of substantiating these claims.

The VA determined that there is no compensable rating for the veteran's residuals of recession of the rectus muscle of the right eye and recession of the oblique muscle of the left eye, as his visual acuity is 20/20 in each eye.

The veteran's claims for increased ratings were granted, with a 20% rating assigned for residuals of SFW of the left thigh and right hand. The claim for increased rating for residuals of SFW of the left leg and foot was denied.

The Board denied the veteran's claim for compensation under 38 U.S.C.A. § 1151 for a ventral hernia, finding that there was no evidence to support the contention that the VA's care caused or contributed to the development of the condition.

The Board has denied the veteran's claims for service connection for loss of teeth and temporomandibular joint (TMJ) syndrome, finding that there is no evidence of a current disability or in-service occurrence or aggravation.

The appellant's military service does not meet the threshold eligibility requirements for VA nonservice-connected pension benefits as he did not serve during a recognized period of war.

The Board has determined that the veteran does not have a current lung disorder that is related to his military service, and thus denied his claim for service connection.

The Board has determined that the veteran's current panic disorder began in service and is therefore granted service connection.

The Board found no evidence of exposure to herbicides or radiation in service, and the competent medical evidence does not show a link between the veteran's current basal cell carcinoma and his military service. Therefore, the claim for service connection was denied.

The veteran is appealing the creation of an overpayment of compensation benefits in the amount of $2,760.00 and whether it was properly created due to his divorce and remarriage.

The Board has remanded the case for scheduling a personal hearing via videoconference at the Jackson, Mississippi Regional Office.

The Board has determined that the veteran's left shoulder disability warrants a 30 percent rating, which is higher than the current 20 percent rating. The disability picture most nearly approximates ability to lift the arm midway between side and shoulder level.

The veteran's acute promyelocytic leukemia is not related to his period of service, including exposure to herbicide agents. The Board found that the disease does not meet the criteria for presumptive service connection due to Agent Orange exposure.

The Board has determined that an earlier effective date for a 40% rating for duodenal ulcer is not warranted, as the evidence does not show it was factually ascertainable that the veteran met or nearly approximated the criteria for such a rating prior to September 20, 2004.

The RO denied service connection for a skin disorder, including pityriasis rosea, due to the condition resolving in January 2004 and lack of evidence at an August 2004 VA examination. The veteran's claim is being remanded for further development.