Other conditions decisions — 2007

The VA determined that the veteran's service-connected low back disability, described as ankylosing spondylitis, does not meet the criteria for a higher rating than 20 percent.

The appellant's annual income exceeds the maximum annual income for death pension benefits for a surviving spouse without children, and she is therefore not entitled to death pension benefits.

The veteran's right and left leg disabilities were rated at 10 percent from August 22, 1995 to June 26, 1996. The RO found that the disability did not meet or approximate the criteria for a higher rating under the applicable VA rating schedule.

The Board has determined that there is no evidence of an increase in the veteran's service-connected disabilities between May 1, 2000 and May 1, 2001. Therefore, a preponderance of the evidence does not support an earlier effective date for TDIU.

The Board denied the veteran's claim for an initial compensable disability rating for service-connected impotence associated with residuals of prostate cancer, finding that there was no evidence of penile deformity and thus no basis to grant a higher rating.

The veteran's claims for increased ratings for Achilles tendonitis of the right and left feet, as well as hearing loss, were denied. The right foot condition was awarded a 10% rating effective May 4, 2006.

The Board has granted a 30 percent evaluation for the veteran's hammertoes, degenerative joint disease and hallux valgus of the left foot. The right foot disability is rated at 10 percent.

The Board has found that the veteran's request for a waiver of recovery of an overpayment of compensation benefits in the amount of $6,354.87 was denied.

The Board has denied the veteran's request to reopen his claim for service connection for a left leg disorder, finding that no new and material evidence was submitted.

The Board found that the veteran's Vocational Rehabilitation Program benefits were properly interrupted due to her failure to cooperate in obtaining mental health services and her training program was interrupted as not reasonably feasible based on this failure.

The veteran is seeking compensation under the provisions of 38 U.S.C.A. § 1151 for a left arm condition allegedly caused by VA surgery in August 2001. The case is being remanded to obtain an addendum opinion from the examiner who conducted the May 2004 VA examination, addressing whether the veteran currently experiences additional disability as a result of the surgical procedure and if such disability was proximately caused by carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault on the part of VA.

The veteran's death was not due to any service-connected condition, and there were no unpaid periodic benefits at the time of his death. The appellant did not provide evidence that she bore the expense of last sickness or burial.

The Board found that the cause of the veteran's death was not related to his service, including exposure to Agent Orange or other herbicides. The claim for compensation under 38 U.S.C.A. § 1151 based on VA medical treatment was also denied due to a lack of evidence showing negligence or fault by VA.

The veteran's orchialgia and dyspepsia were rated by analogy to Diagnostic Code (DC) 7525, which rates chronic epididymo-orchitis. The veteran was denied a higher rating as his condition did not meet the criteria for poor renal function or recurrent symptomatic infection requiring drainage/frequent hospitalization.

The veteran's complaints of fatigue and joint pain were not shown to be related to service or an undiagnosed illness, and thus his claims for service connection are denied.

The Board denied the veteran's claims for an increased initial rating and earlier effective date for service connection. The veteran is entitled to a new_and_material claim as his previously denied claim was reopened.

The veteran is not entitled to reimbursement of last expenses for his spouse's funeral because he is receiving the maximum pension based on his report of having no income.

The veteran's appeal is being remanded for further evaluation of his service-connected left foot disability.

The Board has determined that the veteran does not have a current neurological disorder of her right leg, and there is no evidence linking such condition to service. As a result, the claim for service connection for a neurological disorder of the right leg is denied.

The veteran seeks service connection for a cancer that was surgically removed from his neck. The Board finds the diagnosis and primary site of the tumor unclear, but given presumed exposure to Agent Orange during service in Vietnam, the case is remanded for further examination and opinion.