Other conditions decisions — 2007

The Board found that the November 7, 1969 rating decision establishing service connection for the residuals of a left hemithorax gunshot wound was not clearly and unmistakably erroneous. The veteran's claim for an increased rating remains denied as his service-connected condition does not warrant a higher rating.

The veteran's claim for a higher rating for chronic seborrheic blepharitis was denied as the condition does not meet the criteria for a higher evaluation under any applicable diagnostic code. The June 27, 2002, rating decision regarding the assignment of 10 percent ratings for chronic seborrheic blepharitis and for residuals of multiple burns of the face and hands is without legal merit.

The Board has reopened the appellant's claim of service connection for cause of death due to exposure to Agent Orange. However, the evidence does not establish a direct link between the veteran's military service and his liver cancer, nor does it show that he was exposed to Agent Orange during service. The Board found new and material evidence relating to whether the veteran's liver cancer may have been caused by chronic liver disease or alcohol abuse in service.

The Board denied the appellant's claim for basic eligibility for VA death benefits due to lack of legal entitlement under the law.

The Board denied both claims of service connection for a personality disorder and an initial evaluation in excess of 10 percent for right hip dysplasia. The veteran's personality disorder was not found to be related to service, while her right hip dysplasia was rated at the lowest available rating due to limited motion.

The veteran's bladder dysfunction associated with a herniated nucleus pulposus at the level of the 4th and 5th lumbar vertebrae, status post laminectomy, with stenosis at the level of the 5th lumbar vertebra and 1st sacral segment has been granted. The case is being remanded for further evaluation due to current severity concerns.

The Board has granted a waiver of recovery for an apportionment overpayment of $869.91, finding that it would be against equity and good conscience to enforce the debt due to financial hardship and other mitigating circumstances.

The veteran's appeal for a higher initial evaluation for dystrophic toenails has been withdrawn, and the case is dismissed.

The veteran's appeal was dismissed due to his death, and the Board has no jurisdiction to adjudicate the merits of this claim.

The Board has remanded the case due to a scheduling issue for a personal appearance before a Veterans Law Judge at the RO.

The Board finds that the veteran's current diagnosis of acute myelogenous leukemia (AML type M3) is related to exposure to ionizing radiation during military service, and grants service connection for this condition.

The Board denied the veteran's claims for an increased rating for service-connected varicocele and for a non-service connected pension. The case is being remanded to allow further development.

The Board denied the veteran's claims for increased ratings for his service-connected right testicular atrophy and bilateral hearing loss, finding that the evidence did not support a compensable rating or an increase in disability beyond 20 percent.

The Board denied the veteran's claim for an initial evaluation in excess of 10 percent for his service-connected residuals of a fracture of the right mid-clavicle.

The Board has denied the veteran's claims for service connection for a dental disability and an annual clothing allowance.

The Board determined that the appellant's character of discharge was other than honorable due to willful and persistent misconduct, which serves as a bar to VA compensation benefits.

The veteran's arthritis of the right and left hands does not meet the criteria for a compensable evaluation.

The Board granted service connection for the veteran's qualifying chronic disabilities under 38 C.F.R. § 3.317, including chest pain with shortness of breath, nosebleeds, blurred vision, and foot rash, all presumed to be related to his service in the Southwest Asia theater of operations during the Persian Gulf War.

The Board has decided to remand the case for additional development due to inadequate VCAA notice.

The VA denied an increased rating for the veteran's bursitis of the left hip, currently rated at 10 percent.