Other conditions decisions — 2007

The Board found that the reduction in rating from 40 to 20 percent for post-operative residuals of a gunshot wound (GSW) to the abdomen with multiple incision hernia repairs was appropriate based on improvement shown by a VA examination conducted in July 2003.

The Board denied the veteran's claims of entitlement to service connection for mental and emotional problems associated with residuals of a bilateral mammectomy, as well as his claim for a compensable rating for scar residuals of a bilateral mammectomy. The evidence did not demonstrate a current disability or establish that any such disability was incurred in service.

The Board has decided to remand the case for further development, including obtaining a medical opinion and reviewing the veteran's death certificate.

The veteran's claim for service connection for a total abdominal hysterectomy with bilateral salpingo-oophorectomy, as secondary to her already service-connected ovarian cyst condition, is being remanded due to the need for additional notice and development.

The Board has reopened the veteran's claim of service connection for chronic intermittent pelvic pain, but finds that there is no evidence to support a finding that this condition was incurred in or aggravated by active military service.

The veteran contends that he has numbness and weakness of the right hand and arm as a result of a right thoracotomy performed by VA in July 2004. The Board finds additional disability exists, but it is unclear if this was caused by VA's care or negligence.

The Board has denied the veteran's claim for a compensable initial disability rating for residuals of a perforated duodenal ulcer, finding that there is no evidence meeting the criteria for such a rating.

The appellant is seeking VA death benefits on account of being a helpless child prior to the age of 18. The case has been remanded for additional development, including obtaining medical records from Maxwell Air Force Base and the private physician.

The Board has denied the veteran's claims for service connection for chest pain, residuals of a pilonidal cyst excision, and residuals of a stress fracture of the right femur due to lack of current disabilities.

The Board has granted a 20 percent evaluation for the veteran's service-connected residuals of a gunshot wound to the left foot, but has remanded the issue of an earlier effective date.

The Board found that the overpayment of pension benefits was due to sole VA administrative error and thus not properly created, allowing the veteran's appeal.

The Board denied a compensable evaluation for the veteran's service-connected fracture of the right fifth finger, finding that ankylosis did not warrant a higher rating.

The veteran seeks payment or reimbursement for medical expenses incurred at a non-VA hospital on February 10, 2004. The VA denied the claim due to availability of a VA facility and further evidence is needed.

The Board denied the veteran's claim for an initial increased rating of 10 percent for his service-connected residuals of a neck injury with mild degenerative joint disease, finding that the evidence did not support a higher evaluation.

The veteran's recognized service does not meet the eligibility requirements to entitle the appellant to nonservice-connected death pension.

The Board found that the overpayment was properly created and waived recovery of the $6,838 pension overpayment due to the veteran's fault in failing to report his SSA income. The decision also noted financial hardship on the part of the veteran.

The Board has determined that the veteran's squamous cell cancer of the neck is presumed to have been incurred during active duty due to exposure to an herbicide agent, and thus service connection is granted.

The veteran's appeal is remanded for further development to determine his current disabilities and their impact on his ability to work, specifically in relation to pension benefits.

The Board has decided to remand the case for additional development, including obtaining private medical records from a doctor who treated the veteran prior to his death.

The veteran's claim for a higher evaluation of his dental disability is being remanded due to insufficient evidence in the record.