Other conditions decisions — 2007

The VA determined that the veteran's colon cancer was not incurred as a result of his active service and may not be presumed to have been incurred therein. The Board found no evidence linking the veteran's colon cancer to his military service.

The Board has determined that the veteran's right thumb UCL repair does not meet the criteria for a compensable evaluation, as there is no evidence of limitation of motion or ankylosis.

The Board has determined that the veteran does not have a current diagnosis of a chronic syncopal disability and that any syncopal episodes in service were associated with mental problems. The single 2004 syncopal episode is attributed to COPD, which is non-service-connected. Therefore, service connection for a syncopal disorder is denied.

The Board has determined that the veteran is competent for VA benefit payment purposes, given his ability to manage most of his affairs despite cognitive and mathematical impairments.

The VA denied the veteran's claims for compensation under 38 U.S.C.A. § 1151, an increased rating for his left knee disability, and a TDIU due to service-connected disabilities.

The Board denied the appellant's claim of service connection for the cause of her husband's death, finding that there was no relationship between his service-connected duodenal ulcer with hiatal hernia and his metastatic adenocarcinoma.

The Board has determined that the overpayment of $10,521.00 in VA death pension benefits was properly created and that recovery would be against equity and good conscience due to financial hardship.

The veteran's right fifth metacarpal fracture resulted in chronic pain requiring a splint at night, but no significant functional impairment. The veteran does not have diagnosed mouth lesions.,The veteran's service-connected skin disorders (tinea versicolor, tinea cruris, and tinea pedis) are not considered to be the cause of any new or worsened conditions in his mouth.

The veteran's appeal has been dismissed due to his death.

The veteran's appeal for an earlier effective date for additional compensation for a dependent spouse was denied as he failed to provide the necessary information within one year of receiving notification of his increased disability rating.

The veteran's claim for payment or reimbursement of inpatient services at Naples Community Hospital from May 30, 2003 to June 13, 2003 was dismissed as the appellant failed to file a timely Substantive Appeal.

The Board has granted an evaluation of 20 percent for the veteran's service-connected scar, left back, Muscle Group XX. The claim for service connection for abdominal pain secondary to this injury is also granted.

The Board has denied the veteran's claims for increased evaluations for hammer toes and service connection for arthritis of the toes, finding that he does not have these conditions.

The Board has ordered a new examination to determine if the veteran's current lung disorder is related to service, specifically referencing chest X-rays from early 1974 that showed possible asbestosis.

The veteran's appeal is being remanded to the RO in Waco, Texas for scheduling a Travel Board Hearing. The issue of entitlement to service connection for residuals of pneumonia remains pending.

The Board has remanded the case for a VA ophthalmologic examination to determine if the veteran's current eye disorders are related to service or his service-connected diabetes.

The VA determined that the veteran's additional disability was not caused by their care, treatment, or examination. The Board found that the proximate cause of the disability was not due to VA fault.

The Board has remanded the case to consider new evidence and conduct further examination, including a review of service records for any bilateral hammer toe surgery. The veteran's claim will be reconsidered based on this additional information.

The veteran's service does not meet the criteria for basic eligibility for nonservice-connected pension benefits, and his claim is denied.

The veteran is entitled to an effective date back to October 23, 1995 for the grant of service connection for Chronic Lymphocytic Leukemia (CLL).