Other conditions decisions — 2007

The Board denied service connection for a right hip disorder, spinal disorder, and bladder infections. Service connection was granted for ovarian cysts and a benign right breast lump.

The veteran's appeal for payment/reimbursement of the cost of unauthorized medical expenses has been dismissed due to his death.

The Board has declined to assign disability ratings in excess of 30 percent for bilateral varicose veins prior to January 12, 1998 and denied entitlement to effective dates earlier than January 12, 1998 for the award of a total disability rating due to individual unemployability.

The Board has ordered a remand for further examination to determine the nature and etiology of any cardiac disability, including mitral valve prolapse. The examiner is asked to consider whether it is at least as likely as not that the veteran's service-connected hypertension or panic disorder permanently worsened his currently diagnosed mitral valve prolapse.

The Board granted service connection for residuals of a compression fracture of L1 and assigned a 20 percent rating, effective June 30, 1993. The veteran's claim was reopened based on new evidence received after the initial denial in 1977.

The Board has granted service connection for the veteran's disability manifested by loss of strength in his right hand, finding that it is secondary to his service-connected ankylosis of the right little finger.

The veteran's dysthymic disorder is currently rated at 70 percent, the highest schedular rating available. The lumbar strain remains at a 20 percent rating.

The Board has determined that the veteran does not have current multiple joint arthritis, other than those already service-connected. Therefore, his claim for service connection for multiple joint arthritis is denied.

The Board has determined that the veteran's back disability warrants a 60 percent evaluation, based on severe intervertebral disc syndrome with recurrent attacks and persistent symptoms compatible with sciatic neuropathy.

The Board found that the cause of the veteran's death was not related to his service-connected conditions, and thus denied service connection for the cause of death. The appellant is also not eligible for DEA based on the cause of the veteran's death.

The Board has determined that the veteran's duodenal ulcer does not meet the criteria for a higher rating, as his symptoms do not warrant a rating greater than 10 percent.

The veteran's increased rating for herniated nucleus pulposus at L5 with right leg pain was granted, but the decision is vacated due to a failure to provide the appellant an opportunity for a hearing.

The Board has denied the veteran's claim for an initial compensable evaluation for residuals of a tonsillectomy from August 26, 1997 to the present due to lack of any chronic disabling pathology.

The Board has determined that the appellant's failure to report her increased SSA income accurately did not constitute bad faith, and thus waiver of recovery of the overpayment is granted.

The veteran's cerebral stroke was caused by his well-controlled hypertension, which worsened due to a change in medication. The Board found that VA did not cause the veteran's additional disability and thus denied compensation under 38 U.S.C.A. § 1151.

The VA has determined that the veteran's head injury residuals do not warrant a rating higher than 10 percent, as they are manifested by subjective symptoms only and do not meet criteria for more severe disability ratings.

The Board denied the appellant's claims for service connection for adenocarcinoma of the right nasal cavity and eye, finding no competent medical evidence showing that these conditions were present during or within one year following his active duty.

The VA has determined that the veteran's dementia, status post anoxic brain injury does not warrant a rating higher than 70 percent due to occupational and social impairment with deficiencies in most areas.

The Board has granted service connection for the cause of death due to cholangiocarcinoma, which is considered a direct result of active service. The claim for service connection for cholangiocarcinoma was denied at the time of the veteran's death.

The Board denied the veteran's claims for increased rating of his left hip disability and service connection for nerve impairment and muscle cramping of the bilateral lower extremities, finding that he did not meet the criteria for a higher rating under applicable diagnostic codes.