Other conditions decisions — 2007

The Board denied the veteran's claim for service connection for rectal cancer, finding that there was no evidence linking his diagnosis to herbicide exposure. The issue of whether new and material evidence has been received to reopen a claim of entitlement to service connection for hepatitis B is pending. The propriety of severing service connection for hepatitis C is also under review.

The veteran's claims for earlier effective date and increased ratings for post-operative right orchiectomy have been denied as the claim is legally precluded by law. The veteran does not meet the criteria for a compensable rating for his service-connected conditions.

The Board has granted service connection for post-traumatic-stress-disorder (PTSD) and assigned a noncompensable rating. The initial compensable ratings for left ear hearing loss disability and left tympanic membrane perforation are being remanded.

The case is being remanded for further development, including determining if the $1,408.80 in Medicare premiums paid by appellants were 'paid by the State' and therefore not an allowable expense.

The Board denied the veteran's claim for an increased evaluation for his service-connected residuals of carcinoma of the epiglottis, status post partial laryngectomy, finding that the disability does not meet the criteria for a higher rating.

The Board has determined that the RO mistakenly rated a non-service connected disability (residuals of a fracture of the right great toe) instead of the veteran's service connected residuals of a left great toe. The case is REMANDED for further action, including clarifying whether the veteran wishes to pursue an increased rating claim for his service-connected left great toe disability and providing a fresh VA examination of the right great toe.

The Board has determined that the appellant did not have qualifying active service for purposes of VA nonservice-connected pension benefits and therefore denied the claim.

The Board has granted service connection for spondylosis with spondylolisthesis, L4-L5. The other issues were denied.

The Board has determined that the veteran's duodenal ulcer does not warrant a rating higher than 40 percent, as his symptoms do not meet the criteria for a higher evaluation.

The veteran's appeal is being remanded due to the need for a Board hearing at the RO. The issue remains whether he should receive a compensable disability evaluation for his eye condition.

The Board has decided to remand the case for additional development, including obtaining medical records and conducting a VA examination.

The Board has decided to remand the case for further development due to outstanding treatment records related to the veteran's back injury.

The Board has remanded the case due to inadequate examination and insufficient medical evidence for deciding the veteran's claims.

The Board has granted a 30 percent evaluation for the veteran's service-connected diminution of higher cortical integrative function due to closed head injury, effective from January 5, 2006.

The Board found no evidence of a current disability related to the veteran's service, and thus denied his claim for service connection.

The Board has determined that the appellant is a fugitive felon for VA compensation purposes and therefore denies the appeal.

The Board denied the appellant's claim of new and material evidence for service connection for the cause of the veteran's death, finding that no additional evidence was received to reopen the previously denied claim.

The Board has determined that new and material evidence has been submitted to reopen the appellant's claim for recognition as a surviving spouse for entitlement to death benefits. The appellant is entitled to recognition as the veteran's surviving spouse for the purposes of Department of Veterans Affairs death benefits.

The Board has remanded the case for additional development due to the need for a VA examination regarding the veteran's claimed conditions.

The Board has determined that the veteran's service-connected immunoglobulin A nephropathy does not meet the criteria for a compensable disability rating, as there is no evidence of constant or recurring albumin, transient or slight edema, or compensable hypertension under Diagnostic Code 7101.