Other conditions decisions — 2007

The Board has determined that the veteran's skin rash is service-connected, but his night sweats and sleep disorder are not considered to be related to hepatitis C or service.

The VA denied an increased rating for the veteran's skin disorder characterized as boils, currently rated at 10 percent.

The Board has determined that the evidence is in equipoise as to whether the veteran's right elbow disorder was aggravated by service, and therefore grants service connection for postoperative fracture of the right elbow with degenerative joint disease.

The Board has denied the veteran's claims for increased ratings for non-Hodgkin's lymphoma, inguinal neural entrapment and scar tissue, and major depressive disorder. The evidence did not support higher ratings under the applicable diagnostic codes.

The Board has determined that additional development is needed, including a VA examination and consideration of new evidence. The veteran's current left eye condition may be related to his service-connected right eye conditions.

The Board has found that new and material evidence has been submitted to reopen the claim for service connection for a chronic respiratory disorder. The veteran's current claim is for service connection on a de novo basis, which will be reviewed by the RO.

The Board has determined that the veteran's hysterectomy due to fibroid cysts was not caused by her active military service and therefore denied service connection for this condition.

The Board denied the veteran's request for a waiver of recovery of an overpayment of disability compensation benefits in the amount of $262.00, finding that repayment did not conflict with the purpose underlying the benefits and was not against equity and good conscience.

The veteran did not have any qualifying wartime service, so the appellant does not meet the basic eligibility requirements for VA non-service connected death pension benefits.

The Board has determined that the cause of the veteran's death, a massive myocardial infarction, was not caused or contributed to by any service-connected disability. The claim for service connection for the cause of the veteran's death is denied.

The veteran's applications for VA educational assistance under Chapters 30, 32, and 1606 of Title 38 were denied due to lack of eligibility based on his service dates.

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

The Board denied service connection for the cause of the veteran's death due to lack of evidence linking the condition to service. The veteran was also not found eligible for Dependency Educational Assistance (DEA) under Chapter 35, Title 38, United States Code.

The Board is remanding the case to determine if new and material evidence has been received to reopen a claim of service connection for the cause of the veteran's death. The appellant will be provided with VCAA notice regarding what constitutes 'new and material' evidence, as well as what evidence would be necessary to establish her entitlement to service connection.

The Board has decided to remand the case for compliance with VCAA requirements and additional development.

The Board has determined that new and material evidence has been presented to reopen the claim of service connection for a skin rash of the groin, feet, and hands. The veteran currently exhibits a current skin disorder involving his groin, feet, and hands, which is at least as likely as not causally related to his active service or any incident therein.

The Board denied the veteran's claim for reopening his service connection claim for a prostate disorder, finding that the new evidence submitted was not material and did not relate any current prostate problem to military service.

The Board has determined that the veteran's skin condition is not service-connected, as there is no medical evidence linking his current skin conditions to his military service or presumed exposure to Agent Orange. The claim for service connection is denied.

The veteran's claim for an effective date prior to April 22, 2002 for service connection of gastrointestinal stromal tumor was denied as there is no evidence of a formal claim or written intent to file a claim for service connection for gastrointestinal stromal tumor prior to April 22, 2002.

The VA determined that the veteran's right forearm laceration with muscle injury does not warrant a rating in excess of 10 percent.