Other conditions decisions — 2007

The appellant is seeking to reopen a forfeiture determination that was previously denied. The Board will consider whether new and material evidence has been submitted.

The veteran is seeking compensation under the provisions of 38 U.S.C.A. § 1151 for complications from surgery he underwent at a VA facility in January 2003. The case has been remanded to obtain additional records and determine if his claim can be granted.

The Board has denied the veteran's claims for service connection for decreased visual acuity and a left hand and thumb disability, finding that there is no evidence of such conditions in service or related to military service.

The Board has determined that the veteran's endometriosis with status post-right salpingectomy does not warrant an evaluation in excess of 30 percent, as there is no evidence of bowel or bladder lesions confirmed by laparoscopy. The current symptomatology includes pelvic pain and heavy or irregular bleeding.

The Board denied the veteran's claims for service connection for cardiomyopathy as secondary to his service-connected hypertension and a rating in excess of 20 percent for hypertension.

The Board has determined that the veteran's claimed residuals of gallstones, status post cholecystectomy, are not related to service and have denied her claim.

The Board has determined that the evidence received since the November 1990 RO decision is not new and material, and thus the veteran's claim of service connection for dental disability, to include periodontal disease, cannot be reopened.

The Board found no evidence to support the veteran's claims of service connection for psoriatic arthritis, skin tumors, and an enlarged prostate due to exposure to herbicides or jet fuel. The preponderance of the evidence is against these claims.

The Board has determined that additional development is required, including obtaining an updated financial status report and addressing the issues of fraud, misrepresentation or bad faith in creating the overpayment, as well as whether collection would be against equity and good conscience. The case will be returned to the Veterans Benefits Administration for further action.

The veteran's postoperative residuals of detachment of the retina in his left eye are currently rated at 30 percent. The Board has determined that a higher rating of 40 percent is warranted due to chronic retinal detachment and occasional pain, but not more than this.

The Board has remanded the case for additional development due to a hearing request, and the appellant's right to withdraw the request if desired.

The Board has determined that the veteran's abdominal adhesions do not warrant a disability rating in excess of 10 percent, as they are characterized as 'moderate' with symptoms such as abdominal pain and tenderness.

The Board found that the veteran's carcinoma of the right tonsil was not incurred in or aggravated by his active duty service, nor may it be presumed to be incurred in or aggravated by such service due to exposure to herbicides. The claim for service connection was denied.

The Board has remanded the case to the RO for further development, including a new VA examination and medical opinion regarding the etiology of the veteran's back disability.

The Board has granted service connection for dysthymic disorder, finding that it is likely related to the veteran's service-connected orthopedic disabilities. The issue of entitlement to TDIU due to service-connected disabilities remains pending.

The Board has determined that the veteran's spouse is not eligible for Civilian Health and Medical Program of the Department of Veterans Affairs (CHAMPVA) benefits due to his verified military service in the Philippine Commonwealth Army, including recognized guerrilla service from November 1941 to November 1945. The laws governing VA benefits do not allow for a grant of CHAMPVA benefits for spouses of veterans with this type of service.

The veteran's service-connected sacro-iliac strain is currently rated at 40 percent, the maximum available under the applicable rating criteria. The Board found that there was no evidence of ankylosis or associated neurological abnormalities warranting a higher rating.

The veteran's appeal is remanded due to a request for a hearing before the Board of Veterans' Appeals. The AOJ must schedule the veteran for such a hearing.

The Board found that the veteran's former spouse demonstrated hardship and was granted an apportionment of his VA disability compensation benefits.

The VA determined that the veteran's residuals of a gunshot wound to the right chest with retained foreign bodies in the right axilla do not meet or approximate the criteria for a higher rating.