Other conditions decisions — 2007

The Board found that the veteran's right eye irritation and pain were not caused or aggravated by VA carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault. Therefore, compensation under 38 U.S.C.A. § 1151 for these conditions was denied.

The Board has denied the veteran's claims for service connection for residuals of a cold injury and a bilateral foot disorder, finding that there is no evidence to support these claims.

The Board found no evidence of dermatomyositis in service or for many years thereafter, and the most probative medical opinion did not support a link between current dermatomyositis and military service.

The Board found that the veteran's left foot disorder, resulting from a laceration injury sustained in his early teenage years, was not incurred or aggravated by active service. The presumption of soundness applied due to the pre-existing condition at entry into service and clear and unmistakable evidence showed no aggravation during service.

The Board has remanded the veteran's claims for initial ratings for cervical spine disorder and bilateral pes planus due to a need for updated medical data, clarification of rating determinations, and VA examinations.

The RO reduced the veteran's connective tissue disability evaluation from 60 percent to 40 percent, effective September 2001. The reduction was upheld as supported by medical evidence showing no exacerbations lasting a week or more and no digital ulcers.

The Board finds that the veteran's current infertility is not service-connected as it existed prior to his entrance into service and was not aggravated by any in-service surgical procedures.

The Board denied the veteran's claim for service connection for squamous cell carcinoma of the trigone and palate, finding that there was no evidence to support a finding that nicotine dependence began in service or that the cancer was related to military service.

The Board has granted service connection for additional low back disability due to injury superimposed upon the veteran's preexisting spondylolysis and spina bifida. The claim of entitlement to service connection for depression is remanded as it requires a VA examination.

The Board denied compensation under 38 U.S.C.A. § 1151 for excision of an ischiorectal fistula due to the severing of the external sphincter, which was a foreseeable consequence of the surgery performed in 1981.

The Board has denied the veteran's claim for service connection for narcolepsy, finding no evidence of its onset during active military service and insufficient medical linkage to service.

The Board denied service connection for cardiovascular disease, finding that the evidence did not establish a nexus between the veteran's current condition and her military service.

The Board has determined that there is no medical evidence linking the veteran's current sinus disorder to his active duty service, and thus denied the claim for service connection.

The veteran's appeal is being remanded to the RO for further action on issues related to his service-connected right thigh gunshot wound, including whether he had an open appeal since 1959 and if the March 4, 1959 rating decision was clearly and unmistakably erroneous. The increased evaluation issue will be reconsidered after these additional matters are addressed.

The veteran's claim for an increased rating for residuals of a fracture of the right humerus is being remanded due to the need for further development, including additional VA examinations.

The Board found that the appellant's currently diagnosed spondylolisthesis was incurred during his active duty for training (ACDUTRA) and granted service connection.

The Board denied compensation under 38 U.S.C. § 1151 for residuals of a stroke, finding that the veteran's claim was not supported by evidence showing negligence or fault on the part of VA in providing medical care.

The Board dismissed the appeal due to the appellant's death.

The Board has remanded the case for further development, including obtaining medical records and a VA urology examination.

The veteran's claim for an increased rating for his service-connected pneumoconiosis is being remanded to the RO for further evaluation and consideration.