Other conditions decisions — 2007

The veteran's service is not considered active duty during a period of war, thus he does not meet the basic eligibility requirements for nonservice-connected disability pension benefits.

The veteran's right foot hallux valgus with sesamoiditis was not shown to be productive of functional impairment prior to June11, 2005 and was only shown to be productive of pain on examination as of that date. The left foot hallux valgus with sesamoiditis and fracture of the little toe was also not shown to be productive of functional impairment prior to June11, 2005 and was only shown to be productive of pain on examination as of that date.,The veteran's right foot hallux valgus with sesamoiditis and Morton's neuroma from June11, 2005 is not shown to meet the criteria for a rating in excess of 10 percent. The left foot hallux valgus with sesamoiditis, Morton's neuroma, and fracture of the little toe from June11, 2005 is also not shown to meet the criteria for a rating in excess of 10 percent.

The VA has determined that the veteran's chronic respiratory disorder due to an undiagnosed illness warrants a 10 percent rating, which is the lowest available under the applicable diagnostic codes. The evidence does not support a higher evaluation.

The veteran's tumor or growth on the right calf is service-connected, but there are no residuals of a fracture of the right hand in service.

The veteran's appeal has been withdrawn, and the case is dismissed without prejudice.

The veteran's claim for an increased evaluation for his service-connected postoperative residuals of right biceps tendon repair with degenerative joint disease is being remanded due to the need for a more contemporaneous examination.

The Board denied the veteran's attempt to reopen his claim for service connection for residuals of back strain, finding no new and material evidence. The decision is final.

The Board found that the veteran's appeal to deny his claim for recovery of VA disability compensation withheld to recoup military readjustment pay in the amount of $3,600.00 was untimely filed and thus lacks jurisdiction to consider this issue.

The Board found that the veteran does not have a chronic skin disability related to his military service and denied his claim for service connection.

The Board finds that the veteran's currently manifested Frieburg's avascular necrosis (AVN) of the left second toe, initially diagnosed in service, is related to service and grants service connection for a disorder of the left second toe.

The Board found no evidence of a currently diagnosed left lower extremity disability and thus denied the veteran's claim for service connection for left lower extremity pain, claimed as secondary to her service-connected lumbosacral degenerative disc disease.

The veteran's hospitalization from February 13, 2004 to June 25, 2004 was for treatment of a nonservice-connected fracture of the right femur. As such, he is not entitled to a temporary total evaluation based on VA hospitalization.

The Board denied the veteran's request to reopen his claim for compensation under section 1151 due to lack of new and material evidence, as he has not provided any evidence that VA's prolonged administration of prednisone caused his avascular necrosis of the hips.

The Board denied the veteran's claim for service connection for Hodgkin's disease, finding that there was no evidence of exposure to herbicides during service and thus no basis for presumptive service connection. The Board also found no medical evidence linking the disease to service.

The Board has determined that the appellant did not submit new and material evidence to reopen her claim for basic eligibility requirements for VA death benefits, which had previously been denied due to her deceased spouse's lack of qualifying service as a veteran.

The veteran's request for service connection for a dental condition is being remanded to the RO for further action, including scheduling a Travel Board hearing.

The Board denied the appellant's claim for nonservice-connected burial benefits due to a lack of legal merit and because the claim was filed more than two years after the veteran's cremation.

The Board has determined that the veteran's current parenchymal liver disease is related to his in-service treatment for hypercholesterolemia, and thus service connection is granted.

The Board has remanded the case for further development, including a VA medical opinion and application of 38 C.F.R. § 3.361.

The Board granted service connection for residuals of a cold injury to the hands and fingers, finding that the veteran's current symptoms are likely due to frostbite sustained during service. Service connection was also granted for chronic sinusitis, presumed to have existed prior to service. The claim for increased rating for mechanical low back pain remains in appellate status.