Other conditions decisions — 2007

The veteran's claim for an increased rating in excess of 20 percent for post-gastrectomy syndrome, status post partial gastrectomy is being remanded due to the need for a VA medical examination to assess the current severity and symptoms of his condition.

The veteran's appeal has been withdrawn, and the case is dismissed.

The Board has determined that the veteran does not have a current disability of joint pain or residuals of cold injury to his hands and feet, and thus service connection for these conditions is denied.

The veteran's disability compensation is to be reduced by the total amount of separation pay minus the amount of Federal income tax withheld from such pay. The VA recoupment of $37,944.53 from her disability benefits is upheld.

The Board has determined that the veteran's duodenal ulcer warrants a 20 percent rating, effective from September 2003.

The Board has determined that the veteran's digestive disorder described as strongyloidiasis was incurred during service, and thus granted service connection for this condition.

The Board has decided that the veteran did not file a timely request for waiver of overpayment of disability compensation, resulting in denial.

The Board has remanded the case due to insufficient evidence regarding the veteran's child support obligations and hardship, requiring further development of the claim.

The veteran's right ankle disability is currently rated at the maximum allowed under the rating schedule, and there are no additional factors that would warrant a higher rating.

The Board found that the veteran's elbow disability, which was initially granted in 2000 and increased to 20% in 2003, does not warrant a higher evaluation as his symptoms do not meet or approximate the criteria for any higher rating under VA regulations.

The veteran's schizoaffective disorder resulted in total social and industrial inadaptability from September 1, 1989 to June 2, 1991, and from October 1, 1991 to June 30, 1993. The VA assigned a 30 percent disability rating for these periods.

The veteran's service-connected traumatic spondylolisthesis of L4-L5 was granted a 40 percent rating from February 14, 2006. His hiatal hernia is rated at 30 percent.

The Board denied service connection for diverticulitis but granted a 30 percent rating for residuals of a gunshot wound of the right chest and lung with resection of the fifth rib.

The veteran's claim for a total disability rating based on individual unemployability (TDIU) was denied as there is no evidence showing he is unemployable due to his service-connected disabilities.

The Board denied the veteran's claim for service connection for a skin disability, including as due to herbicide exposure (Agent Orange), finding that there was no evidence linking his current skin conditions to his military service.

The veteran's herniated intervertebral disc with spinal fusion resulted in a 50 percent disability rating from September 26, 2003 forward. Prior to that date, the condition did not warrant an evaluation higher than 40 percent.

The Board found no medical evidence linking the veteran's current syncope to his service, and denied his claim for service connection.

The Board found that the veteran does not have a current asbestos-related lung disability, including asbestosis. Therefore, service connection for a respiratory disability due to asbestos exposure is denied.

The veteran's claim for service connection for basal cell carcinoma, which he claims is related to herbicide exposure in service, was denied as there is no medical evidence of the condition during service or linking it to service.

The Board finds that the preponderance of the evidence is against a finding that the veteran's Cowden's disease was incurred in or aggravated by service. The condition did not manifest during service and there is no medical opinion linking it to any incident or finding recorded during service.