Other conditions decisions — 2007

The Board of Veterans' Appeals has determined that the veteran's current neck disorder did not result from an injury sustained in service and therefore denied his claim for service connection.

The Board denied the appellant's claim for waiver of overpayment of death pension benefits, finding that her bad faith in not reporting earned income led to the creation of the overpayment and thus barred her from seeking recovery.

The Board denied the veteran's claims for service connection for right and left knee disabilities, sinusitis, and mastalgia. The claim for an initial compensable rating for bilateral pes planus was also denied.

The Board denied the veteran's claim for nonservice-connected VA death pension benefits due to a lack of basic eligibility requirements, as his service with recognized guerrillas did not meet the legal criteria for receiving such benefits.

The Board denied the veteran's claims for higher initial ratings for his service-connected Langerhans cell histiocytosis, diabetes insipidus, and loss of teeth.

The Board denied the veteran's claims of service connection for residuals of a left arm injury, residuals of a rib injury, and breathing problems. The claim for a combined rating in excess of 20 percent for left knee disability was also denied.

The evidence shows no more than mild gastrointestinal symptomatology, with no evidence of recurring episodes of severe symptoms two or three times a year averaging ten days in duration or of continuous moderate manifestations. The Board concludes that the medical evidence does not show that the veteran's peptic ulcer disease meets the criteria for an evaluation in excess of 10 percent.

The VA has determined that the appellant's right eye disability, characterized by dry eyes and ptosis, does not warrant an evaluation in excess of 10 percent.

The Board finds that the evidence is at least in relative equipoise as to whether the veteran's post-operative conditions, including paraplegia of the lower extremities, loss of bowel sphincter control, neurogenic bladder, and amputation of the right lower extremity, resulted from the May 1990 laminectomy performed by VA. The Board concludes that these additional disabilities are not necessary consequences of the surgical treatment provided.

The veteran's claims for increased ratings for his right and left foot hammer toe conditions, as well as an extension of a temporary total disability evaluation beyond May 1, 1997, were denied by the Board.

The Board has ordered additional development to determine if the veteran sustained additional right eye disability as a result of VA treatment, and whether such disability is related to negligence or an unforeseeable event.

The Board denied an increase in the rating for hallux valgus of the left foot, finding it not more than 30 percent disabling.

The veteran is seeking compensation under 38 U.S.C.A. § 1151 for loss of sight in the left eye due to VA surgery performed in March 2000. The case has been remanded to obtain consent forms and review them with a medical examiner.

The Board has denied service connection for a stomach disorder and residuals of cold injury to the hands, finding that there is no medical evidence linking these conditions to the veteran's active military duty.

The veteran's claim for compensation due to a TMJ disorder resulting from VA negligence in the administration of an EMG procedure is being remanded for additional development, including obtaining medical records and informed consent documentation.

The Board has denied the veteran's claim for a compensable rating for his residuals of a right fifth metacarpal fracture, finding that there is no evidence of amputation or extremely unfavorable ankylosis.

The Board has determined that the cause of the veteran's death is not service-connected, as there is no evidence linking his death-causing conditions to his military service or exposure to herbicide/Agent Orange.

The veteran's service-connected disabilities, including PTSD and residuals of a shrapnel wound of the left eye, are not rated higher than 50%.

The Board dismissed the appeal because the veteran did not timely file a Notice of Disagreement with respect to the October 2001 rating decision denying clear and unmistakable error in the July 2000 decision granting individual employability.

The Board denied the appellant's claim for Dependents' Educational Assistance (DEA) benefits under Chapter 35, Title 38, United States Code, for the period of enrollment from August 30, 1998, to December 15, 1998, as there was no entitlement based on VA regulations.