Other conditions decisions — 2007

The Board has reopened the veteran's claims of service connection for residuals of a back injury and dysthymia, as new and material evidence has been received since the last final denial. The claim is granted as both conditions are found to be related to in-service events.

The veteran's claim of entitlement to a compensable rating for his service-connected malaria is being remanded due to deficiencies in the examination provided and missing medical records.

The Board has remanded the case for further action, including obtaining additional medical records and conducting a VA examination to determine if any current eye disorders are related to service.

The Board found no current disability of left foot ulcer or stomach/gastrointestinal disorder, and denied service connection for both conditions.

The veteran's service-connected chondromalacia patella of the left knee is currently rated at 20 percent, but the Board finds that this rating is not warranted based on the current evidence.

The Board has remanded the case to the RO for further development and readjudication, including a comprehensive VA examination and VCAA notice.

The Board denied the veteran's claim for an increased disability rating for his service-connected right anterior tibial disability, currently rated at 10 percent. The evidence did not show a moderate knee or ankle disability that would warrant a higher rating under Diagnostic Code 5262.

The Board has denied the veteran's claims for service connection for a right great toe disorder and residuals of a broken jaw, finding no competent evidence to support these claims.

The Board has determined that the veteran is eligible for reimbursement of medical expenses incurred at a private hospital from January 18, 2005 to January 20, 2005 due to continued need for care.

The veteran's appeal has been dismissed as he withdrew his appeal prior to the Board making a decision.

The veteran's post-operative residuals of a left upper thigh laceration with tissue loss are rated at the maximum allowable schedular rating, and no further increase is warranted.

The Board has determined that the veteran's duodenal ulcer disease did not pre-exist service and was not aggravated by military service, thus denying his claim for service connection.

The veteran's service was less than 90 days and he has no service-connected disabilities, thus denying basic eligibility for VA pension benefits.

The Board has determined that the veteran's service-connected varicose veins of both lower extremities warrant a 40 percent rating, effective from December 2001.

The Board has remanded the case due to issues related to the validity of an overpayment of nonservice-connected pension benefits and the need for a complete paid and due audit of the veteran's pension benefits.

The VA denied the veteran's claim for service connection for cancer of the larynx, concluding that there was no evidence linking his current condition to his military service or exposure to herbicides.

The Board has denied the veteran's claims for service connection for residuals of venereal disease, including gonorrhea; residuals of a left foot injury; and a disability of the eyes. The claim for PTSD was also denied as there is no current diagnosis of PTSD.

The Board has determined that a VA examination is necessary to determine the severity of the veteran's myasthenia gravis and any associated residual disorders. The evaluation will be remanded for further review.

The Board found that recovery of the overpayment would not be against equity and good conscience, as it did not deprive the veteran or his family of basic necessities and would not defeat the purpose for which the benefits were intended.

The veteran's death was not caused by a service-connected disability, and the appellant is not entitled to Dependency and Indemnity Compensation under 38 U.S.C.A. § 1318.