Other conditions decisions — 2007

The Board of Veterans' Appeals has remanded the case for further development, including obtaining records from the National Archives and verifying in-service stressors. The veteran's claim for service connection for PTSD is being returned to the RO.

The veteran's right forearm disability, involving the volar flexor muscles and nerves, is rated at 70 percent under the criteria for major upper extremity injury below the level of the insertion of the pronator teres. The claims for increased ratings are granted.

The Board has granted retroactive payments of benefits for dependents, as the veteran was entitled to additional compensation for a dependent spouse based on his service-connected disability rating.

The Board denied an increased rating for the veteran's service-connected gunshot wound to his left foot, finding that the evidence did not support a higher evaluation.

The Board found that the veteran's HIV-related illness was not incurred in or aggravated by service and denied his claim for service connection.

The Board denied the veteran's claim for an increased rating for appendectomy residuals and also denied his attempt to reopen a claim for service connection for a psychiatric disorder.

The Board denied the veteran's claims for increased ratings for her service-connected residuals of cold injury to the right and left hands, finding that her symptoms did not meet the criteria for a higher rating under Diagnostic Code 7122.

The Board has determined that the veteran's periodontal disease is not service-connected as it did not exist at the time of his entry into active duty and was not caused or aggravated by his military service.

The Board found that the veteran's death was not caused by any service-connected disability, and thus denied the claim for service connection for cause of death.

The Board denied an initial rating higher than 10 percent for a deviated nasal septum and also denied referral to the Director of VA's Compensation and Pension Service for extraschedular consideration.

The Board denied a compensable evaluation for the postoperative scar associated with the veteran's service-connected partial right lobectomy.

The Board has determined that the appellant's service was under dishonorable conditions, which is a bar to most VA benefits. The case is REMANDED for further development regarding an upgraded discharge from the Army Review Board.

The Board denied the appellant's request for an earlier effective date of July 31, 2002 for death pension benefits due to her failure to initiate a timely appeal and the RO's denial based on the veteran's divorce at the time of his death.

The VA has granted a compensable rating (10%) for the veteran's service-connected herpes simplex infection, effective from when his claim was received.

The Board has determined that the appellant's discharge from service was under dishonorable conditions due to willful and persistent misconduct, and thus is a bar to VA benefits.

The veteran's appeal is being remanded for a VA examination to determine the current nature and severity of his dyspepsia, as he currently has a 10 percent rating.

The Board has determined that new and material evidence has been received to reopen the claims for TMJ syndrome and periodontal disease. However, service connection is denied as there is no evidence linking these conditions to active service.

The Board found that the appellant's period of service from February 1966 to October 1970 constituted a bar to VA compensation benefits due to his discharge under dishonorable conditions. The prostate cancer was not incurred or aggravated during this period and is therefore not service-connected.

The veteran's appeal for service connection for leukemia due to herbicide exposure has been dismissed because he died during the pendency of his appeal.

The veteran's claim for service connection for adenocarcinoma of the prostate was received by VA on March 7, 2002. The earliest possible effective date is therefore March 7, 2002.