Other conditions decisions — 2007

The veteran's left thigh myositis ossificans is currently productive of no more than moderate muscle impairment, warranting a 10 percent disability rating.

The Board denied service connection for retroperitoneal fibrosis and a compensable evaluation for the residuals of a fracture of the transverse process at L2-L3, but granted new evidence to reopen these claims. The effective date remains unchanged.

The veteran's claim for waiver of recovery of an overpayment of educational benefits has been granted.

The VA denied the veteran's claim for service connection for status post bilateral inguinal hernia repair and current stomach pain, finding no competent evidence linking these conditions to his military service.

The veteran is not entitled to more than 30 months of educational assistance under Chapter 30, Title 38, United States Code due to the specific regulations governing eligibility and calculation.

The Board has determined that the veteran's squamous cell carcinoma of the right lung was not incurred or aggravated in service, and may not be presumed to have been incurred therein. The evidence does not support a finding that his current lung disability is related to any asbestos exposure during service.

The veteran's application for enrollment in the VA healthcare system was received after January 17, 2003 and he was assigned to Priority Group 8. The Board found that he did not meet eligibility criteria due to his income status.

The veteran's claim for educational assistance under Chapter 30, Title 38, United States Code is denied as she does not meet the legal criteria for eligibility based on her service and discharge.

The Board has granted service connection for the veteran's right toenail condition, finding that it is a residual of an injury sustained in service. The claim for residuals of left foot injury was denied as there is no evidence of such disability during or after service.

The veteran's claim for payment or reimbursement of medical expenses incurred at the Oconee Memorial Hospital on January 10, 2003 is denied as the emergency services were not rendered in a medical emergency that would have been hazardous to life or health.

The Board denied the appellant's claim for service connection for the cause of her husband's death, finding that no service-connected disability caused or contributed substantially to his death.

The Board found that the veteran's current psychiatric disorders, including mood and psychotic disorders, are not due to any event or incident of his service. The evidence does not support a finding of an innocently acquired psychiatric disorder during his period of active duty.

The Board has granted service connection for deep vein thrombosis (DVT) of both lower extremities and denied the other issues on appeal.

The Board is considering whether new and material evidence has been submitted to reopen the veteran's claim for service connection of a vision disorder, including strabismus, diplopia, and amblyopia. The decision will determine if the claim can be reopened based on newly submitted evidence.

The Board found that the veteran's status post skin graft with rotation flap left lateral malleolus warranted a 10 percent disability rating, but not higher. The evidence did not support a finding of more than moderate limitation of motion.

The Board found that the veteran's current condition was not caused by VA medical treatment during his September 1999 examination, and thus denied compensation benefits under 38 U.S.C.A. § 1151.

The veteran's right eye disabilities were noted during service, but he contends that an injury sustained while in basic training led to his current condition. The Board has ordered a VA ophthalmologic examination and requests additional information from the veteran.

The veteran's duodenal ulcer disease with hiatal hernia and myeloproliferative disorder are currently rated at the maximum allowable disability ratings. The Board has granted a rating of 40 percent for his duodenal ulcer disease, effective February 23, 1998, for his myeloproliferative disorder, effective February 23, 1998, and denied entitlement to a total disability evaluation based on individual unemployability.

The Board has ordered a VA examination to determine the current status of the veteran's circumcision residuals and whether any abrasions are causally related. The appeal is remanded for further development.

The Board has determined that the veteran's impotence is not due to a service-connected disability, and therefore, does not meet the criteria for special monthly compensation based on loss of use of a creative organ.