Other conditions decisions — 2007

The Board finds that the veteran's current bilateral knee disabilities are related to injuries sustained in service from parachute jumps, and grants service connection for these conditions.

The veteran died during the appeal process, and therefore the case has been dismissed due to lack of jurisdiction.

The veteran is seeking an increased disability rating for his service-connected residuals of subtotal gastrectomy. The Board finds that additional development, including obtaining updated treatment records and a new VA examination, is necessary to determine the current severity of his condition.

The veteran's bad faith in the creation of an overpayment of $2,952 in compensation benefits is found to bar him from seeking waiver of recovery. The claim for waiver of recovery must be denied.

The veteran's son, who died of severe birth defects including a lumbosacral meningomyelocele, is not eligible for a monetary allowance under 38 U.S.C.A. § 1805 as the claim was filed after October 1, 1997 and there is no evidence that his son had spina bifida.

The veteran's appeal has been withdrawn for the issues of service connection for a skin disorder (claimed as residual to Agent Orange exposure) and an effective date prior to September 25, 2000, for the assignment of a 70 percent evaluation for service-connected PTSD. The remaining issue regarding an increased rating for shrapnel wounds and burn scars has been dismissed due to withdrawal.

The Board has determined that no new and material evidence has been presented to reopen the veteran's claim for service connection for postoperative residuals of a left cystic ovary.

The Board has remanded the case due to a lack of in-service medical records and requests for clinical records from Dewitt Hospital, Fort Belvoir, Virginia.

The Board denied the veteran's claims for service connection due to lack of evidence supporting an undiagnosed illness.

The veteran's appeal is being remanded due to the failure to schedule a hearing before the Board of Veterans' Appeals. The issues include TDIU, increased ratings for leg and foot conditions, and seeking an earlier effective date.

The veteran's claims for service connection for PTSD and increased ratings for multiple lipomas and fibromas, arthritis of the left knee, and residuals of a right knee sprain with degenerative changes were denied. The Board found no evidence of PTSD diagnosis and noted that the veteran does not have any current medical evidence confirming he has the condition at issue.

The veteran's appeal is being remanded due to his failure to report for a hearing and the need to reschedule it. The claims of service connection for choroiditis and rashes are still pending.

The veteran's claims of entitlement to a rating in excess of 40 percent for enucleation of the right eye and entitlement to total disability rating based on individual unemployability (TDIU) are dismissed due to his death.

The Board denied the veteran's claim for an effective date prior to December 17, 2001 for a grant of service connection for skin disorder.

The Board has determined that the evidence is at least in equipoise as to whether the veteran's right knee disorder, characterized by chondromalacia and degenerative joint disease, is proximately due to his service-connected left knee disorder. As a result, the claim for secondary service connection for the right knee disorder is granted.

The veteran's claim for compensation benefits under the provisions of 38 U.S.C.A. § 1151 due to loss of vision in his left eye resulting from VA treatment in January 1999 was denied as there is no evidence that the loss of vision resulted from VA medical care.

The Board has determined that the veteran's strabismus, a congenital condition, was not superimposed over his preexisting congenital strabismus during active service. Therefore, the claim for service connection is denied.

The veteran's claim for service connection for skin problems was denied as there is no evidence of a chronic condition during service or related to service, including exposure to Agent Orange.

The veteran's claims for service connection for scoliosis and spina bifida occulta were denied. The claim for an increased evaluation for chronic lumbosacral strain with mild facet arthropathy at L4-L5 was not granted as the condition was not diagnosed, but a 10% disability rating was assigned for recurrent deep vein thrombosis of the left lower extremity.

The Board has reopened the veteran's claim of service connection for residuals of a back injury due to new and material evidence submitted since the last final denial in May 1971. However, the underlying issue of whether service connection should be granted remains pending.