Other conditions decisions — 2007

The Board has ordered the case to be remanded for additional development, including obtaining medical opinions and records related to the veteran's death.

The Board denied an increased rating for supraventricular tachycardia and did not address the earlier effective date claim related to service connection for irritable bowel syndrome.

The Board found that the reduction of the veteran's compensation benefits to a 10 percent rate due to his felony conviction and incarceration was proper.

The Board found that the veteran's lower spine disability does not warrant a rating in excess of 30 percent, and his combined disability evaluation is already at 50 percent.

The Board has determined that the veteran does not have pellagra and therefore cannot establish service connection for this condition.

The Board denied the veteran's request for an earlier effective date for additional VA compensation payments based on his marriage to [redacted] and also denied his waiver of recovery of overpayment of VA benefits.

The appellant has no legal entitlement to accrued benefits as the claim was filed after one year of the veteran's death.

The veteran's claim for dependency status for his minor child J.S. was denied as there is no evidence that she is his biological, legally adopted, or stepchild.

The Board has determined that the veteran's claims for increased evaluations of his service-connected residuals of a fracture of the left clavicle and excision of a cyst of the scrotum have been denied. The evidence does not support an increase in disability ratings.

The Board has found new and material evidence to reopen the claim of service connection for an ear disorder manifested by left ear defective hearing. By resolving the benefit of doubt in favor of the appellant, the Board has determined that his left ear hearing loss was aggravated by his active duty for training.

The veteran's claims for service connection for various conditions were denied as there was no evidence of a current disability or that the disabilities are related to his military service.

The veteran's claim for an increased evaluation of his right elbow disability is being remanded due to the need for a VA examination and additional medical records.

The veteran's service did not meet the legal requirements for the appellant's eligibility for VA non-service-connected death pension benefits.

The Board denied the veteran's claims for an increased evaluation for his shell fragment wound, throat residuals and entitlement to a total disability rating based on individual unemployability due to service-connected disabilities. The veteran's single service-connected condition did not prevent him from securing and following some type of gainful employment.

The Board has granted service connection for TMJ disability and assigned a noncompensable rating. For the left thigh GSW residuals, the Board found that the current level of disability warrants a 10 percent rating.

The Board has determined that the veteran does not have residuals of injury to the right hand, first and third fingers, a bilateral hip disorder, or residuals of rhinoplasty as the result of disease or injury during her active military service.,Service connection is currently in effect for conditions that include cervical and lumbar spine disorders, fibromyalgia syndrome, bilateral knee disorders, a right shoulder disorder, and residuals of a right hand injury, second finger.

The Board has determined that the veteran's current right hand disability is not related to service, and therefore denied his claim for service connection.

The veteran's claim for an earlier effective date for service connection for depressive neurosis was granted, and he received aid and attendance benefits for his spouse starting March 13, 2001.

The Board has denied the appellant's claim for recognition as the veteran's surviving spouse, finding that her attempted marriage to the veteran was invalid due to a legal impediment from a previous undissolved marriage.

The veteran's right thumb disorder is currently evaluated as 10 percent disabling. The gap between the thumb pad and fingers, with the thumb attempting to appose the fingers, is not more than 2 inches (5.1 cm). Therefore, he is not entitled to a higher rating.