Other conditions decisions — 2007

The veteran's claim for service connection for the residuals of an injury to his index and middle fingers is denied as there was no evidence showing a nexus between any in-service event or condition and the current disability.,The veteran's claim for compensation under 38 U.S.C.A. § 1151 for nerve damage of the left leg resulting from VA medical treatment in October 2001 is also denied as there was no evidence showing that the treatment caused his current disability.

The Board has determined that the veteran's request for waiver of recovery of an overpayment was timely filed, and thus the claim is granted.

The Board has reopened the veteran's claim for service connection for punctuate lesions, palms and soles. However, new evidence does not establish a link between the condition and active duty service.

The Board has determined that the appellant's character of discharge for his service from September 1968 to September 1974 is a bar to eligibility for VA compensation benefits.

The Board denied the appellant's claim of reopening her service connection for the cause of her husband's death, finding that new and material evidence had not been submitted.

The veteran's appeal is being remanded due to the need for clarification on his request for a personal hearing and consideration of additional evidence submitted after the November 2004 statement of the case.

The Board has determined that the veteran's peptic ulcer disease with antrectomy, vagotomy, subtotal gastrectomy, and postgastrectomy syndrome was not incurred in or aggravated by service. The claim is denied.

The case is being remanded to the RO for scheduling a videoconference hearing at the RO. The appellant requested a postponement due to her representative needing time to review the file.

The Board denied a rating in excess of 20 percent for the veteran's gunshot wound to the left forearm with damage to Muscle Group VIII, finding that the evidence did not support such an increase.

The Board found that the appellant's deceased husband did not have qualifying service in the U.S. Armed Forces, and therefore is not eligible for VA death benefits.

The Board has determined that additional development is needed before the case can be decided. This includes providing VCAA notice, obtaining VA treatment records, and scheduling a neurological examination.

The Board has ordered a remand for additional development due to the need for an examination and opinion regarding whether the veteran's chronic sinus condition is related to his active service, including routine exposure to dust or herbicide agents. The examiner should also provide opinions on whether any pre-existing seasonal allergies or problems with sinusitis were permanently worsened or aggravated as a result of his active service.

The veteran's claim for an earlier effective date for additional compensation based on recognition of a dependent spouse is denied. The appropriate effective date is February 1, 2005.

The VA has determined that the appellant forfeited all rights, claims, and benefits under the laws administered by VA due to the submission of fraudulent evidence in support of his service connection claim.

The Board has reopened the appellant's claim to establish legal entitlement to VA death compensation benefits, but finds that her deceased spouse did not have qualifying service and is therefore not a veteran. As such, she does not meet the threshold requirement for establishing eligibility for VA death compensation benefits.

The Board denied the veteran's petition to reopen his claim for service connection for carcinoma of the colon with colostomy and diverticulitis due to radiation exposure, finding that he was not exposed to ionizing radiation during service. The RO subsequently denied this petition in August 2002 and December 2002.

The Board has denied a disability rating in excess of 10 percent for the veteran's residuals of a skull fracture, with misdirected regeneration of the left facial nerve. The issue of entitlement to a compensable initial rating for temporomandibular joint syndrome is pending and must be remanded.

The Board has determined that the veteran's current back disabilities are related to his military service, and thus grants service connection for these conditions.

The Board has remanded the case for further development, including a new examination of the veteran's left ankle and notification to the veteran regarding his service-connected left heel fracture residuals.

The veteran's claim for an increased rating for conjunctivitis is denied as there is no evidence of active trachomatous conjunctivitis or a complete loss of eyelashes, which would warrant higher ratings.