Other conditions decisions — 2007

The Board denied the appellant's claim for VA death benefits as a surviving child of the veteran due to his age and lack of evidence showing he was permanently incapable of self-support at or before his 18th birthday.

The VA granted service connection for basal cell carcinoma but assigned a noncompensable rating, effective July 11, 2001. The veteran's scar was not found to meet the criteria for a compensable rating under the applicable skin disability rating criteria.

The appellant withdrew her appeal for accrued benefits, leading to its dismissal.

The Board found that the appellant's deceased husband did not have qualifying service, and therefore is not eligible for VA death benefits.

The Board found that the veteran's current liver disability is not related to his in-service malaria, and denied both claims for service connection.

The veteran's appeal is being remanded due to scheduling issues for a video conference hearing. The issue of entitlement to reimbursement or payment for unauthorized medical expenses provided on March 26, 2006 remains unresolved.

The veteran's claim for an initial compensable evaluation for her service-connected residuals of stress fracture of the right leg was denied by the RO in August 2002, and she appealed this decision. The case is being remanded to obtain additional evidence and a VA examination.

The Board denied the veteran's claims for a rating in excess of 30 percent for postoperative right inguinal hernia and TDIU due to service-connected disabilities, finding that there was no evidence of recurrence or additional disability warranting higher ratings. The veteran is not considered unemployable by reason of his service-connected disabilities.

The Board has determined that the veteran's low back disorder, including degenerative disc disease, was not incurred in or aggravated by active military service and is not related to subsequent reserve component service.

The Board found that the veteran's death was not caused by VA medical care, and his service-connected disabilities did not cause or contribute to his death. The claim for benefits under 38 U.S.C.A. § 1151 was also denied.

The Board found that the veteran's rectal fissures do not meet the criteria for a higher evaluation than 10 percent, as there was no evidence of persistent bleeding or secondary anemia. The preponderance of the evidence is against his claim.

The veteran's appeal for special monthly compensation based on need for regular aid and attendance or housebound status has been dismissed due to the death of the appellant.

The Board has determined that additional development is needed, including obtaining medical records and opinions regarding the veteran's right leg disorder.

The veteran is seeking service connection for Charcot-Marie-Tooth syndrome, which he claims was aggravated by his military service. The Board has ordered additional development to determine the etiology of the condition and whether it is related to service.

The Board has determined that the veteran's bilateral foot disability, specifically metatarsal calluses with hammer toe of the right foot, warrants a separate 10 percent evaluation for each foot. The current rating is the maximum under DC 5279.

The Board found that the overpayment of disability benefits, in the amount of $2,079.00, was properly created and denied the veteran's appeal.

The Board has remanded the veteran's claims for service connection for metastatic squamous cell cancer of the neck, throat, tongue and shoulder muscles on the basis of exposure to herbicides (Agent Orange) and for PTSD due to in-service stressful experiences. The RO is instructed to arrange for a VA examination to assess the relationship between any diagnosed cancers and Agent Orange exposure, as well as to attempt to verify the veteran's claimed in-service stressors.

The veteran's claim for VA outpatient dental treatment was denied as he does not meet the requirements of service connection for a dental disorder.

The Board denied the veteran's claim for service connection for bilateral pes valgo planus as secondary to a service-connected disability, finding that his condition was not related to service or any service-connected disability.

The Board determined that the appellant is not the surviving spouse of the veteran due to a prior valid marriage, and thus denied her claim for VA death benefits.