Other conditions decisions — 2007

The Board has determined that an effective date earlier than January 24, 2003 for the award of service connection for DJD of the right hip is not warranted.

The Board determined that the appellant's actions resulting in a bad conduct discharge constituted willful and persistent misconduct, and found no evidence of insanity at the time of the offenses. Therefore, his character of discharge is considered dishonorable, which constitutes a bar to VA benefits, including healthcare.

The Board denied the appellant's request for an increased evaluation for his service-connected duodenitis with gastric reflux and history of duodenal ulcer, as well as his eligibility for non-service connected pension benefits. The disability is currently manifested by moderately severe symptoms without evidence of hematemesis or melena.

The Board denied a compensable rating for postoperative right inguinal hernia as there was no recurrence of the condition and the surgical scar did not cause any limitation of function.

The Board found that the veteran was solely at fault in creating the overpayment and granted waiver of recovery for the period during which he did not have a dependent spouse, but denied waiver for the period after his remarriage.

The Board denied the veteran's claim for service connection for a stomach condition, finding that it was not incurred during service and is not related to exposure to ionizing radiation. The Board also found that there is no evidence of aggravation by PTSD medication.

The veteran's request for a hearing before the Board has been accommodated, and his claim of service connection for numbness and tingling in his arms and legs is being remanded to the RO for further action.

The veteran's right leg varicose veins were rated at 40 percent prior to November 1, 2005 and reduced to 20 percent effective November 1, 2005.,For the period beginning November 1, 2005, the disability is not more nearly approximated by persistent edema and stasis pigmentation or eczema.

The Board has denied the veteran's request to reopen his claim for service connection for a low back disability, finding that no new and material evidence was submitted.

The Board has determined that the veteran does not meet the criteria for special monthly compensation (SMC) based on need for regular aid and attendance, as there is no evidence of physical or mental incapacity requiring care or assistance from another person.

The Board denied the appellant's claim of basic eligibility for VA disability benefits, finding that new and material evidence had not been presented to reopen his previously denied claim.

The Board has determined that the veteran's spouse does not meet the criteria for special monthly dependency and indemnity compensation based on the need for aid and attendance due to her inability to perform daily activities without assistance.

The veteran requested to withdraw his appeal, and the Board has dismissed it.

The Board found that the veteran's acute myelogenous leukemia was not service-connected and did not cause his death. Therefore, the claim for service connection for the cause of death is denied. The appellant also failed to meet the criteria for basic eligibility for Dependents' and Educational Assistance (DEA) under Chapter 35, Title 38, United States Code.

The Board denied service connection for Arnold-Chiari Malformation and gout, finding that the conditions were not incurred or aggravated by service.

The veteran is seeking service connection for a back disability. The appeal is remanded to obtain additional medical records and to provide the veteran with proper notice under Dingess v. Nicholson.

The Board has remanded the case due to the need for a psychiatric examination to determine if any current psychiatric disability is related to service, specifically chloroquine phosphate use.

The veteran is seeking compensation for a cerebrovascular accident (CVA) resulting from VA treatment. The case has been remanded to obtain consent forms and medical records, as well as arrange for a neurological examination.

The veteran's claims for increased ratings for fibroids and pelvic adhesions, as well as PTSD, are being remanded due to the need for additional development of her medical records.

The Board has denied the veteran's claim for service connection for chronic T-cell lymphoma (mycosis fungoides) due to a lack of evidence showing a causal relationship between her current condition and active military service.