Other conditions decisions — 2007

The Board has remanded the case for a new VA respiratory examination to determine if the veteran's service-connected bronchiectasis with left lower lobectomy currently results in an inability to secure or follow a substantially gainful occupation.

The Board finds that the veteran's right eye disability/blindness is not due to negligence or other fault on VA's part, and that any complications were reasonably foreseeable. Therefore, compensation under 38 U.S.C.A. § 1151 for this condition is denied.

The Board has determined that the veteran's preexisting left eye disorder was not aggravated by service, and therefore denied his claim for service connection.

The Board found no current left elbow disability and denied the veteran's claim for service connection.

The Board has determined that the veteran does not have a separate disability manifested by impaired balance and an antalgic gait, which is distinct from his service-connected gunshot wound residuals. The evidence shows that any such symptoms are related to nonservice-connected conditions.

The veteran's claim for service connection for a disorder characterized by 'dizzy spells' is being remanded due to the need for additional medical examination and opinion regarding the etiology of his claimed condition.

The Board found that the veteran's urogenital cancer, which caused his death in August 2003, was not due to a disease or injury incurred or aggravated during service. The greater weight of credible medical evidence showed that the cancer did not result from presumed asbestos exposure during service.

The veteran's claim for a higher disability rating for his right foot hallux valgus is being remanded due to the need for further development, including an additional VA examination and notification regarding effective dates.

The veteran's claim for service connection for residuals of shell fragment wounds to the face and neck was denied as there is no competent medical evidence showing current residuals from these injuries.

The Board has determined that the veteran does not have a low back disorder that is causally or etiologically related to her military service and therefore denied her claim for service connection.

The Board found that the veteran's right lower extremity amputation at the hip was not caused by VA carelessness, negligence, or error in judgment. The evidence did not support a finding of fault on VA's part.

The Board has determined that the appellant is not permanently incapable of self-support prior to her 18th birthday, and thus does not meet the criteria for recognition as a helpless child.

The Board found that the appellant did not submit new and material evidence to establish legal entitlement to VA benefits, as his claim was previously denied in July 1997. The appeal is considered reopened due to the submission of new evidence later in November 2004.

The Board has dismissed the appeal due to the death of the appellant, and thus there is no jurisdiction to adjudicate the merits of this claim.

The VA denied the veteran's claims for increased evaluation of his intervertebral disc syndrome and a total rating based on individual unemployability due to service-connected disabilities. The back disability is currently rated at 60 percent.

The Board denied the veteran's claim for service connection for malaria, finding no medical evidence of a diagnosis in service or thereafter.

The VA determined that the veteran's right and left knee disabilities do not warrant an increased evaluation as they are manifested by limited motion without significant additional functional impairment.

The Board has ordered the RO to consider the veteran's second period of active duty service and readjudicate his claim for an extension of the delimiting date for educational assistance benefits under Chapter 30, Title 38, United States Code.

The Board has denied the veteran's claim for service connection for myotonic dystrophy, as claimed secondary to his service-connected residuals of malaria. The VA examiner found no evidence supporting a relationship between the service-connected condition and the development of myotonic dystrophy.

The veteran is seeking service connection for Buerger's Disease of the bilateral hands and feet, which he claims was caused by Agent Orange exposure. The case has been remanded due to incomplete development.