Other conditions decisions — 2007

The Board denied service connection for cervical dysplasia and to a higher rating for her back disability. The veteran filed a timely Notice of Appeal, but the case was dismissed with prejudice due to an agreement between the parties. The RO granted service connection for post-service hysterectomy with bilateral salpingo-oophorectomy effective June 4, 2002, and later established June 1, 2001 as the effective date.

The Board found that the veteran's T-cell non-Hodgkin's lymphoma is not due to disease or injury incurred in service, and denied his claim for service connection.

The veteran's claim for an increased evaluation in excess of 20 percent for his service-connected right elbow dislocation is being remanded to obtain updated medical records and a new VA examination.

The veteran's appeal is being remanded due to discrepancies in the findings from his VA examination and conflicting diagnoses affecting his eyesight. The RO needs to obtain additional medical records, reconcile previous findings with current ones, and schedule a VA examination for an appropriate specialist.

The Board has remanded the case for further development, including a VA examination to determine if the veteran's right cryptorchid testicle was aggravated by service and whether his current genitourinary disorder is related to this condition.

The Board denied the appellant's claim for basic eligibility for VA benefits, finding that new and material evidence had not been received since the May 2000 denial. The appeal is dismissed.

The Board has remanded the case for additional development, including obtaining Social Security Administration records and VA treatment records. The veteran's representative also raised issues regarding new and material evidence to reopen claims of willful misconduct during service, service connection for an acquired psychiatric disorder, and service connection for drug and alcohol abuse secondary to a psychiatric disorder.

The veteran is not entitled to additional VA educational assistance under Chapter 30, Title 38, United States Code because his eligibility for the initial 36 months of benefits has already been established and he cannot receive an additional 12-month benefit period based on meeting the requirements of Category 2.

The Board has determined that the veteran's gout was not incurred in or aggravated by active military service and cannot be presumed due to exposure to Agent Orange. The claim for service connection is denied.

The Board denied the appellant's claim of entitlement to service connection for the cause of her husband's death due to lack of evidence showing cardiovascular disease in service or within one year post-service.

The Board has determined that the December 7, 1970 rating decision granting service connection for a gunshot wound and old healed fracture of the right ulna did not contain clear and unmistakable error.

The Board found that the veteran's actinic keratosis was not incurred or aggravated during active military service and denied his claim for service connection.

The veteran's disability compensation benefits were reduced due to incarceration, and the validity of his overpayment was addressed. The appeal is denied.

The Board has determined that a more recent VA medical examination is required to determine whether the veteran remains incompetent for VA purposes due to her stress and improvement in treatment.

The Board has denied the veteran's request to reopen his claim for service connection for a bilateral foot disorder as no new and material evidence was submitted.

The Board denied the appellant's claim as her spouse did not have active military service, and thus is not eligible for VA benefits.

The Board found that new and material evidence had not been submitted to reopen the claim for service connection for a lung disorder, resulting in denial of the veteran's request.

The Board has remanded the case to consider whether an extraschedular rating is warranted for the veteran's residuals of cancer of the larynx due to his service-connected condition.

The veteran's claim for a higher evaluation of his service-connected herniated disc at L4-L5 level with spinal stenosis is being remanded due to the need for additional development. The case will also be reviewed for entitlement to TDIU.

The veteran's VA disability benefits are currently apportioned to his child in the amount of $75 per month. The RO has denied an increase in this apportionment, finding that it does not cause undue hardship on the veteran.