Other conditions decisions — 2007

The Board has determined that the veteran's current right acromioclavicular joint disorder is related to his in-service injury, and thus service connection for this condition is granted.

The Board denied the appellant's claim for retroactive DIC benefits from June 1945 to August 1973, finding no legal basis and that he does not have standing to pursue a CUE argument.

The Board has determined that recovery of the overpayment would not be against equity and good conscience, thus denying the appellant's claim for waiver of the recovery of an overpayment of compensation benefits.

The Board denied service connection for a gunshot wound to the right leg and did not reopen the claim for spinal defect, kyphosis (claimed as scoliosis, back problems).

The Board denied the veteran's claims for a compensable disability rating for his left spermatic varicose vein, special monthly compensation based on loss of use of a creative organ, and service connection for varicose veins of the right lower extremity. The claim for service connection for varicose veins of the left lower extremity was not addressed as it is related to issues unrelated to service connection.

The veteran's application for enrollment in the VA healthcare system was denied due to his non-service-connected status and high income, as well as his failure to apply prior to January 17, 2003.

The Board has determined that the veteran was on authorized inactive duty training at the time of his MVA in September 1969, which resulted in a fractured left elbow and a fractured left leg. As such, he is entitled to benefits under this regulation.

The Board has ordered a remand due to the inadequacy of the July 2003 VA examination, which did not adequately consider the history and attendant circumstances of the shrapnel injury to the right arm. The veteran should be afforded an additional VA examination that includes a complete review of all records associated with the claims file.

The Board found no evidence to support the veteran's claims of service connection for a foot disorder or an eye disorder, including any exposure to harmful substances during service. The preponderance of the evidence does not link current disabilities to military service.

The Board found that the veteran's brain damage was not caused by treatment received at a VA medical facility from May 4, 1996 to July 11, 1996. The claim is denied.

The Board has determined that a rating in excess of 40 percent for the veteran's thoracic spine disability is not warranted based on the evidence provided.

The Board has denied an increased initial disability rating for right leg varicose veins, status post stripping, as the evidence does not support a higher evaluation.

The veteran's service-connected injury to Muscle Group XI as a residual of a shell fragment wound (SFW) to the right knee with retained metallic fragments is rated at 30 percent. The veteran also has instability and arthritis in his right knee, but these are not separately compensable.

The Board has granted service connection for a pterygium of the left eye and dry eye syndrome, but denied service connection for chest pain and weakening stromal endometrium. The veteran's complaints of chest pain during service were not diagnosed as a disability, while her current complaints of abdominal pain are associated with a diagnosed condition (weakening stromal endometrium). Her pterygium and dry eye syndrome began during service.

The Board has determined that new and material evidence has not been presented to reopen the veteran's service connection claims, but a line of duty determination in favor of the veteran was made. The veteran is still seeking service connection for spinal cord injuries, loss of bowel and bladder control, loss of arms and legs, and a sinus condition.

The Board found no new and material evidence to reopen the claim for service connection for a left eye disability, thus denying the veteran's request.

The Board has determined that a remand is necessary to provide due process and obtain additional evidence regarding the veteran's claim for service connection of prostate cancer.

The veteran's appeal is being remanded due to a VCAA notice deficiency regarding the increased rating claim for his left testicle disability.

The appellant's claim for VA compensation or pension benefits was denied as he lacks qualifying service with the United States Armed Forces.

The Board denied the veteran's claims for service connection for the cause of his death and entitlement to DIC under 38 U.S.C.A. § 1318, finding that there was no evidence linking any service-connected disability to his death.