Other conditions decisions — 2007

The Board denied the veteran's claim for service connection for dysthymic disorder and also denied his attempt to reopen a previously denied claim for service connection for a back disorder.

The Board has determined that the VA needs to conduct further research into the veteran's claimed in-service stressors and verify their occurrence. The veteran will be provided with another opportunity to submit a detailed PTSD questionnaire, which will then be reviewed by the Army and Joint Services Records Research Center (JSRRC).

The VA determined that the veteran's service-connected psychoneurosis with gastrointestinal complaints does not warrant a rating in excess of 30 percent.

The Board found no evidence of a nexus between the veteran's skin disorders and his service, including exposure to Agent Orange or propane fuel. The preponderance of the evidence is against the claim for service connection.

The VA determined that the veteran's right knee disability, characterized by a torn cartilage, does not warrant an increased evaluation beyond the current 10 percent rating.

The Board denied the veteran's claim of entitlement to service connection for a chronic skin disorder of the feet, claimed as due to exposure to herbicides. The evidence did not support a finding that the current condition was related to military service or presumed Agent Orange exposure.

The Board found that the veteran's arthritis of the right arm, hand, and fingers is not service-connected due to lack of evidence linking it to his active duty. The claim for an initial compensable rating for deformity of the first metacarpophalangeal joint of the right hand was also denied.

The Board has determined that the veteran's right hand middle finger disorder is related to his military service and grants service connection for this condition.

The Board finds that the veteran's service-connected left lobectomy contributed substantially or materially to his death due to metastatic colon cancer, and thus warrants service connection for the cause of death.

The veteran's emergency services for a ruptured abdominal aneurysm were provided at Providence Hospital, which was deemed feasible and necessary due to the urgent nature of his condition. Payment is granted for services from December 29, 2003, through December 30, 2003. Services from December 31, 2003, through January 3, 2004, are denied as the veteran's condition had stabilized.

The veteran's case is being remanded due to his failure to appear at a scheduled hearing. The RO must contact the veteran to determine what type of hearing he requested and provide proper notice.

The Board has denied the veteran's claims for ratings in excess of 40 percent for varicose veins, left leg and right leg.

The Board denied service connection for varicose veins as not incurred in or aggravated by service. The VA examiner opined that there is no relationship between the service-connected bunion condition and varicose veins.,There was one abnormal pap smear documented during service, but it did not result in a current disability. The VA examiner concluded that the veteran does not have a current disability related to her 2000 abnormal pap smear.

The Board finds that the creation of an overpayment in the amount of $3,339.00 was due to a sole administrative error on the part of VA without the veteran's knowledge that it was erroneous. The overpayment debt is therefore invalid.

The veteran's bilateral avascular necrosis of the femur was granted service connection based on reopening her claim with new and material evidence. Effective dates were established for the grant of secondary service connection for both hips.

The Board has determined that the veteran's service-connected residuals of shell fragment wound, left hip with fracture and retained foreign body more closely approximate severe disability of Muscle Group XIV.

The Board has granted service connection for the veteran's multilevel degenerative disc disease with right-sided L5 radiculopathy, finding that it is related to an injury sustained during military service. The skin condition claim remains pending as new evidence was submitted and considered.

The veteran seeks service connection for penile squamous cell carcinoma, which he claims was caused by exposure to Agent Orange and other chemicals during his military service in Vietnam. The Board has remanded the case for a VA examination to determine if the cancer is related to such exposures.

The Board denied the veteran's claims for service connection for elevated triglycerides and hepatitis C, finding that these conditions are not disabilities for VA compensation purposes. The claim for increased disability rating for diabetes mellitus was also denied.

The Board has remanded the case for further development, including a VA examination and compliance with VCAA requirements. The veteran's claim of service connection for a jaw disability is on appeal.