Other conditions decisions — 2007

The veteran underwent surgery for Morton's neuroma in her left foot, but the Board found that this was not related to a service-connected disability and denied the claim for temporary total disability based on convalescence.

The Board has determined that the veteran's claim for service connection for a dental disorder of the mandible is not warranted as a matter of law due to lack of evidence supporting his claims and because he does not meet the legal criteria for service connection.

The Board has remanded the case due to insufficient evidence regarding the veteran's claimed post-traumatic stress disorder (PTSD) and its connection to service. The RO is instructed to obtain additional information from the veteran about her alleged stressors, verify them with DOD records, determine if she was exposed to a recognized stressor in service, and conduct a VA psychiatric examination to diagnose any existing psychiatric disorders.

The Board has determined that the veteran does not have a current diagnosis of a nervous disorder, but he was granted service connection for a genitourinary disorder based on direct evidence showing it is related to his military service.

The veteran's claim for reimbursement of private medical expenses from August 25, 2003 to August 29, 2003 was denied as the evidence did not show that the care provided during this period was rendered due to an emergency or because VA facilities were unavailable.

The Board has decided that the case should be returned to the RO for further development and readjudication, including obtaining additional VA treatment records and a medical opinion from Dr. Back.

The Board has determined that the appellant's claims for service connection for the cause of the veteran's death and entitlement to DIC under 38 U.S.C.A. § 1318 need further development due to inadequate VCAA notice.

The Board has denied the veteran's claims for service connection for a sleep disorder and a skin disorder, finding that there is no evidence of a chronic sleep disorder separate from PTSD. The skin disorder claim was not addressed as it pertained to herbicide exposure in Vietnam.

The Board has determined that the claim for service connection for acute myeloid leukemia with multiple somatic complaints cannot be granted as it was not incurred in or aggravated by active duty and is not etiologically related to service. The claim has been reopened but remains denied.

The Board has determined that new and material evidence has not been received to reopen the veteran's claims of service connection for right and left hip disabilities. As a result, these claims are denied.

The Board has determined that additional development is needed to determine the relationship between the veteran's right eye injuries and his current complaints of flashing lights and red blotches. The case will be remanded for a VA examination.

The Board has granted a 50 percent evaluation for PTSD and effective dates of September 16, 2004, for the grant of service connection for PTSD. The veteran's claim for an earlier effective date for his 30 percent evaluation for discoid lupus erythematosus is granted as of November 3, 2005, and a TDIU effective from September 16, 2004.

The Board found no bad faith on the part of the veteran and granted a waiver of recovery for the overpayment of nonservice-connected disability pension benefits.

The VA has determined that the veteran's hammertoe and joint contracture of both feet do not warrant an evaluation in excess of 10 percent, as they are considered to be moderate in nature.

The VA determined that the veteran does not have lung disease and pleura due to asbestos exposure, as there is no evidence of such condition in his medical records.

The VA denied the appellant's claim for eligibility to VA benefits due to a lack of qualifying service. The National Personnel Records Center (NPRC) certified that the appellant's spouse had no service as a member of the Philippine Commonwealth Army, including the recognized guerrillas, in the United States Armed Forces.

The Board has determined that the veteran does not have any residuals from the removal of a cyst from teeth #25 and #26 during service, thus denying his claim for service connection.

The veteran's service-connected major depression with a history of encephalitis was rated at 50 percent, and the Board found that he had not been entitled to a higher rating for ten years prior to his death. As a result, DIC benefits were granted.

The Board found that the veteran's death was not caused by or substantially contributed to by a disability incurred in service, and denied the claim for service connection for the cause of the veteran's death.

The veteran's claim for an annual clothing allowance was denied because the evidence did not show that his service-connected left palm disability required a prosthetic or orthopedic appliance to wear out his clothing, nor did it show he used medication causing irreparable damage to his outer garments.