Other conditions decisions — 2007

The Board denied the motion to restore service connection for a psychoneurosis, finding that there was no clear and unmistakable error in the original decision.

The Board determined that the appellant's claim for VA death benefits was denied because her spouse did not have valid military service in the U.S. Armed Forces, and no new and material evidence was presented to reopen the claim.

The Board has determined that the veteran's night blindness is not caused or aggravated by his service-connected uveitis, residual of a right eye injury.

The Board found that the veteran's claims for service connection were denied because there was no credible evidence linking his current disabilities to his military service, including any alleged injury in Vietnam. The available medical records did not support the veteran's account of events and he failed to provide sufficient evidence to establish a nexus between his claimed conditions and service.

The Board has granted a 40 percent evaluation for the veteran's Crohn's disease with history of duodenal ulcer, effective from January 25, 1993. The veteran is also entitled to an earlier effective date for service connection.

The Board has granted a partial waiver for the veteran's overpayment of compensation benefits, but denied the portion incurred prior to July 11, 2003.

The veteran is seeking service connection for gouty arthritis of the right foot, including as secondary to his service-connected diabetes mellitus and renal failure. The case has been remanded for further development.

The veteran's squamous cell carcinoma of the tongue is being remanded for further examination and opinion to determine if it was due to herbicide exposure in Vietnam.

The Board denied the veteran's claims for an earlier effective date for a 100% evaluation for dysthymic disorder and TDIU prior to July 23, 2005. The effective date of the 100% rating is set at July 23, 2005.

The Board has denied the veteran's claim for an increased schedular rating for his service-connected herniated nucleus pulposus at L5-S1, finding that he is already in receipt of the highest schedular rating available under the Formula for Rating IVDS Based on Incapacitating Episodes.

The veteran's appeal is being remanded due to the need for additional VA medical records and a supplemental statement of the case.

The Board has granted a waiver of recovery for the overpayment of $2,127.88 in Chapter 31 vocational rehabilitation and education benefits due to the veteran's bad judgment in choosing his second choice program and abandoning it.

The case is being remanded for the retrieval of missing documents and a supplemental statement of the case.

The veteran's service-connected instability of the ulnar collateral ligament of the left first metacarpal phalangeal joint has been granted a 10 percent evaluation effective August 25, 2004. The condition is characterized by functional loss manifested by flexion ranging from 35 to 40 degrees and a loss of 10 degrees of extension, degenerative changes, and complaints of pain.

The case is being remanded for a new VA examination to determine the residuals of the gunshot wound to the left hip, including range of motion and any impairment to muscle groups.

The Board of Veterans' Appeals has remanded the case for further development due to incomplete records and need for additional medical opinions regarding HIV exposure in service.

The veteran's initial ratings for his right foot bunionectomy and left elbow avulsion fracture have been denied. The Board found that the evidence did not support a higher rating under any applicable diagnostic codes.

The VA denied an increased rating for the veteran's service-connected stone in the salivary duct, finding that his disability did not meet criteria for a higher rating.

The veteran's appeal was dismissed due to his death, and the claim for special monthly compensation based on need for aid and attendance is moot.

The Board found that the veteran's pre-existing right eye disability did not permanently increase or alter in any way during service, and concluded that any symptoms after service were unrelated to his military service.