Other conditions decisions — 2007

The Board found that the veteran's thoracic scoliosis existed prior to military service and was not aggravated by active duty. Therefore, the claim for service connection is denied.

The veteran's appeal is being remanded for additional development, including a review of his medical records and an examination to determine his employability due to service-connected and nonservice-connected disabilities.

The Board denied the veteran's claim for service connection for a skin disability, including lymphomatoid papulosis, as secondary to exposure to Agent Orange. The available service medical records were negative for complaints or findings of any skin disability. There is no clinical evidence that the current skin disability was present in service and related to exposure to Agent Orange.

The VA determined that the veteran's sinus nodal and atrioventricular nodal dysfunction with history of syncope does not meet or approximate the criteria for a higher initial rating than 10 percent.

The Board has determined that the appellant's discharge from service was under dishonorable conditions due to willful and persistent misconduct, specifically assaulting a Marine, alcohol abuse, cocaine use, and marijuana use. The Board found no evidence of insanity at the time of the misconduct.

The Board has reopened the claim of service connection for dysthymic disorder and determined that it is more likely than not that the veteran's current dysthymic disorder resulted from his own alcohol abuse during service.

The veteran's low back condition has been rated at 10 percent prior to July 24, 2006 and at 20 percent beginning July 24, 2006. The hearing loss remains non-compensable.

The Board is remanding the case for additional development to address service connection for the cause of the veteran's death and eligibility for Dependents' Educational Assistance (DEA) under Chapter 35. The appellant must be provided VCAA notice, and all relevant medical records should be obtained.

The veteran's claim for unreimbursed medical expenses for calendar years 2001 and 2002 to reduce his countable income was denied. The allowance of $9,600 in medical expenses for calendar year 2003 is granted.

The Board has determined that a 10 percent evaluation is warranted as of June 6, 2005 for the veteran's service-connected mandible fracture residuals. The preponderance of evidence does not support higher ratings or separate evaluations under other codes.

The Board finds that the veteran currently has squamous cell carcinoma of the right retromolar trigone, secondary to his inservice exposure to herbicide agents, including Agent Orange. Service connection is granted.

The Board has determined that recovery of the overpayment would be against equity and good conscience, thus granting waiver of recovery of $4204.40 in compensation benefits.

The veteran seeks compensation for refractory anemia resulting from VA treatment, but the claim is remanded due to insufficient evidence regarding causation.

The veteran's unauthorized medical expenses incurred at a private hospital on February 8, 2004 were denied because the services were not for an adjudicated service-connected disability and no VA facility was feasibly available.

The veteran's claim for service connection for chronic urticaria, claimed as due to exposure to herbicides, is being remanded for scheduling a videoconference hearing before the Board of Veterans' Appeals.

The VA denied the veteran's claim for an increased evaluation for his left lateral epicondylitis, finding that it did not meet the criteria for a rating in excess of 10 percent.

The Board denied an increased rating for the veteran's right foot disability from May 18, 1992, to April 27, 2004, finding that his condition was manifested by moderately severe impairment.

The Board has remanded the case for additional development, including obtaining medical records from St. John's Medical Center and ensuring compliance with VCAA requirements.

The Board denied the appellant's claim for basic eligibility for VA nonservice-connected death pension benefits due to her husband's service with the Philippine Commonwealth Army and Regular Philippine Army, which does not qualify him for non-service-connected pension benefits.

The VA denied the veteran's claim for an increased rating for his service-connected sacroiliac joint sclerosis, currently rated at 40 percent.