Other conditions decisions — 2007

The Board found that the veteran's left varicocele did not warrant an evaluation in excess of 10 percent prior to October 13, 2000 and denied a rating in excess of 20 percent since then. The effective date for the increased rating is October 13, 2000.

The Board found that the veteran does not have any current dental condition apart from the prior removal of tooth number 22, which is the result of trauma in service. The preponderance of evidence indicates that any delay in scheduling a root canal procedure at the Albany VAMC was not due to negligent or faulty VA dental treatment.

The VA determined that the veteran's service-connected lower back strain does not warrant a rating higher than 20 percent.

The Board has determined that the veteran's non-Hodgkin's lymphoma with gastric involvement and malignant pleural effusion is related to his exposure to asbestos during service, warranting service connection.

The veteran's service connection for chronic fatigue due to an undiagnosed illness is granted.

The veteran's claims for increased ratings and secondary service connection were denied. The RO assigned a noncompensable rating to his anemia and leukopenia (neutropenia) under Diagnostic Code 7700.

The Board has denied the reopening of the claim for service connection for CAD, finding that new and material evidence was not submitted. The Board also found that CAD is not related to service-connected soft tissue sarcoma.

The veteran's claim for an increased rating for his service-connected arthritis in his right great toe is being remanded due to the need for a new VA examination and additional development of evidence.

The veteran's claim for service connection for spina bifida, L5-S1, to include low back, right hip and leg pain is being remanded due to the need for new and material evidence. His claim for an increased evaluation in excess of 50 percent for depressive neurosis is also being remanded.

The veteran's claims for service connection for torn Achilles tendons and shin splints are being remanded due to the loss of his service medical records, incomplete search for relevant records, and failure to provide Dingess/Hartman notice.

The Board has determined that the veteran's death was not caused by a service-connected disability, and thus denied his claim for service connection for the cause of his death.

The veteran died in a private hospital and was not discharged or released from active service for a disability incurred or aggravated in the line of duty. At the time of his death, he did not have any service-connected disabilities, was not receiving pension or compensation, and was not in a VA facility. Therefore, he is ineligible for nonservice-connected burial benefits.

The Board has denied the veteran's claims for increased ratings for his service-connected fractures of the right radius with epicondylitis and left zygoma. The current ratings are found to be appropriate based on the evidence of record.

The Board dismissed the appeal because the appellant died during the pendency of the appeal and thus, the claims do not survive their deaths.

The VA has determined that the veteran's service-connected right foot disability, characterized by constant pain and stiffness, does not warrant a rating higher than 10 percent.

The Board has determined that further VA examinations and development are necessary to adjudicate the veteran's claims for service connection, increased rating, and hearing loss.

The VA denied an increased rating for the veteran's post-operative left lateral meniscectomy with degenerative joint disease, currently rated at 20 percent.

The Board denied the veteran's request for waiver of overpayment of $1,506.00 in VA disability compensation due to fault on her part and found that recovery would not unfairly enrich her or defeat the purpose of the benefits.

The VA determined that the veteran's right index finger disability does not warrant a compensable rating, as it did not meet the criteria for any higher rating based on limitation of motion or other factors. The claim was denied.

The Board has remanded the case to the RO for further development of evidence regarding whether the veteran's daughter, M, was permanently incapable of self-support at age 18 due to her conditions.