Other conditions decisions — 2007

The veteran's claims for increased ratings for residuals of shell fragment wounds to the forehead and left thumb were denied as his scars do not meet the criteria for a compensable evaluation under VA rating criteria.,The veteran's claim for an increased rating based on multiple, noncompensable service-connected disabilities was also denied.

The Board has determined that a rating in excess of 10 percent for residuals of left orchiectomy with right epididymitis is not warranted based on the evidence provided.

The Board denied the appellant's claim for service connection for the cause of her husband's death, finding that there was no evidence linking his death to his military service or a service-connected condition.

The Board found that the appellant received overpayment of educational benefits due to his withdrawal from a course, and denied waiver of recovery of this overpayment.

The veteran's claims for an increased rating for right optic nerve injury, Purtsher's retinopathy, and a total rating based on unemployability due to service-connected disability were denied as the appellant failed to report for a scheduled VA examination.

The Board found no evidence of a traumatic dental injury in service, and the veteran's claimed TMJ dysfunction is not shown to be related to active duty. Therefore, service connection for these conditions was denied.

The Board found that the veteran's arthritis of multiple joints is not related to his service, specifically cold exposure while in naval service. The evidence does not support a finding of cold injury or any other incident of service causing the current condition.

The veteran's appeal has been dismissed as the appellant withdrew their appeal prior to a decision being made.

The Board denied the veteran's claim for service connection for a skin disability, including porphyria cutanea tarda (PCT), as secondary to exposure to Agent Orange. The evidence did not establish that PCT was manifest within one year of the last date of herbicide exposure.

The Board has remanded the case due to a need for further development, including obtaining an opinion on whether the veteran's current skin disorder is related to his service and herbicide exposure.

The Board has determined that the veteran does not have a sinus disability related to service and his broken left heel with residual tendonitis is currently rated at 10 percent, which cannot be increased.

The Board has denied the veteran's claims for service connection for temporomandibular joint disorder and diabetes mellitus, type II. The claim for temporomandibular joint disorder was denied as there is no evidence of an in-service injury or disease that caused the current condition.

The Board has determined that H.A.J., the veteran's grandchild, cannot be recognized as his adopted child for VA purposes due to her continued living with her natural parents and their involvement in caring for her.

The veteran's claim for VA pension benefits was received by the RO on August 26, 2005, and this date is considered the earliest effective date that can be assigned.

The Board denied the veteran's request for a waiver of recovery of his overpayment in the calculated amount of $13,306.00 due to fault on both the part of the veteran and VA, but finding that the veteran was at greater fault than VA.

The Board denied reopening the claim for service connection for the cause of the veteran's death due to lack of new and material evidence.

The veteran's case is being remanded for additional development, including scheduling a videoconference hearing at the RO with a Veterans Law Judge of the Board sitting in Washington D.C.

The veteran is seeking service connection for chronic lymphocytic leukemia. The Board has ordered further development to determine if the veteran served in Vietnam and was exposed to herbicides during his service, as this could potentially affect his claim.

The veteran's claim for an increased rating for his service-connected shell fragment wound of the neck is being remanded due to the need for additional development, including VA examinations and obtaining medical records.

The Board has remanded the case for further development due to incomplete examination reports and additional evidence.