Other conditions decisions — 2007

The Board has determined that the veteran's onychomycosis, status post excision, left great toenail does not meet or approximate the criteria for a compensable disability rating.

The veteran's residuals of a left laminectomy at L4-L5 are rated as 50 percent disabling, combining the orthopedic and neurologic manifestations.

The Board has determined that the overpayment of $46,403.06 was created solely by VA error and is not properly charged to the veteran's account.

The Board found that the veteran's death was not caused by or substantially or materially contributed to by a disability incurred in or aggravated by his service. The cause of death, a ruptured abdominal aortic aneurysm with lymphoma stage [illegible], was not related to his military service.

The Board has remanded the case for further development, including scheduling a hearing before a Veterans Law Judge at the RO.

The Board has determined that the veteran's Chronic Myelogenous Leukemia (CML) was not incurred in or aggravated by active military service and is not proximately due to or the result of any service-connected disability, and its incurrence or aggravation during active military service may not be presumed.

The Board found that the veteran's left ulnar nerve disorder is manifested by mild incomplete paralysis, and thus does not meet the criteria for a higher disability rating.

The Board has remanded the case due to outstanding private treatment records and will consider new evidence before deciding on the increased rating for the veteran's right foot injury.

The Board has ordered the VA to obtain additional medical records and for the veteran to provide authorization for his private physician's records. The case will be returned to the Board for further review after these actions are completed.

The Board has determined that the veteran's current left eye disability is not related to his active service, and thus denied his claim for service connection.

The Board is remanding the case to the RO for further development and adjudication due to inadequate VCAA notice.

The Board has reopened the claim for service connection for drug abuse. However, the claims for PTSD, scoliosis, hypertension, sleep apnea, heart disease, kidney disease, pancreatitis, hepatitis B, and hepatitis C have all been denied as there is no competent evidence of these conditions being incurred or aggravated by military service.

The Board denied the veteran's request to reopen his claim of service connection for a respiratory disorder, finding that no new and material evidence had been submitted.

The Board has granted a 30 percent evaluation for pleuritis, residuals of abscess, and left lower lobectomy with resection of the left VI rib. The effective date is set at March 2, 2001.

The Board denied reopening the claim for varicose veins and found no new and material evidence. The veteran's request to reopen her claim was also denied.

The Board denied the appellant's claim for restoration of DIC benefits due to her remarriage at age 57, which is not eligible under current law.

The Board found that the appellant and veteran were not married as common law spouses at the time of the veteran's death, thus denying her claim for VA death benefits.

The Board denied the veteran's claims for increased evaluations for hallux valgus with bunion and hammertoe deformities of both feet, finding that the current evaluations were appropriate given the severity of his disability.

The Board has denied the veteran's claim for an increased rating for his cardiac arrhythmias, finding that there is no evidence of permanent atrial fibrillation or one to four episodes per year of paroxysmal atrial fibrillation or other supraventricular tachycardia documented by ECG or Holter monitor.

The case is being returned to the RO for initial review of additional evidence and further consideration.