Other conditions decisions — 2007

The veteran's appeal for service connection for syringomyelia is being remanded due to the need for a Travel Board hearing.

The Board denied the veteran's claims for service connection for a right inguinal hernia and for higher ratings for hypertension and bronchial asthma. The Board found that there was no evidence of current disability related to the right inguinal hernia, and that the veteran did not have residuals from his 1972 hernia repair. For hypertension, the Board noted that the veteran currently takes medication but does not meet criteria for a higher rating prior to April 21, 2005, or after that date.

The Board denied the appellant's request to reopen her claim for revocation of forfeiture of VA benefits due to lack of new and material evidence.

The veteran's cause of death, gram negative sepsis and acute myelogenous leukemia, were not found to be service-connected or related to a service-connected disability.

The veteran's compensation benefits were reduced due to his felony conviction and incarceration, effective November 28, 2003.

The Board denied the veteran's request for a waiver of overpayment, finding that it would not be against equity and good conscience to collect the $3,087 overpayment. The decision noted that the veteran had limited fault in creating the debt but also found no fraud or bad faith on her part.

The Board has granted an initial disability rating of 20 percent for each foot, effective from the date of claim.

The veteran's service-connected knee disabilities are not shown to warrant a rating in excess of the currently assigned 10 percent evaluations.

The VA denied a higher rating for the veteran's service-connected panic disorder, as his symptoms do not meet or approximate the criteria for a higher rating.

The veteran's appeal has been dismissed because the appellant died during the pendency of the appeal.

The Board found that the veteran's acromioclavicular separation of the left shoulder did not warrant a higher disability rating as his functional movement was better than 25 degrees from the side, and thus did not meet the criteria for a 30 percent or higher evaluation under DC 5201.

The Board found that the veteran's cardiovascular disability was not incurred in or aggravated by active service, may not be presumed to have been so incurred or aggravated, and is not proximately due to, or aggravated by, service-connected diabetes mellitus.

The Board has remanded the case for further development, including obtaining medical records and arranging for an examination by an orthopedic specialist to determine if any left leg disability clearly and unmistakably existed prior to service and increased in severity during service.

The Board denied the veteran's claims for service connection for a right thumb disability and a skin disability, both secondary to exposure to Agent Orange. The claim for an initial evaluation in excess of 20 percent for left hip disability was also denied.

The veteran's alcohol dependence is not service-connected as it resulted from his own willful misconduct.

The Board has determined that the veteran does not currently have otitis externa and therefore service connection for this condition is denied.

The Board denied the appellant's claim for an earlier effective date for service connection for the cause of her husband's death, finding that no new and material evidence had been submitted to reopen the claim after a final denial in 1991. The Board also found that there was no communication from before March 16, 2000, that could be construed as a claim.

The veteran's lung disability was not incurred or aggravated in service, and his right wrist condition is rated at the maximum allowable under VA regulations. His pes planus has been adequately rated.

The Board has determined that the veteran's pernicious anemia may be related to his service-connected diabetes mellitus or due to herbicide exposure in Vietnam. The case is being remanded for a VA examination to determine the cause of the veteran's pernicious anemia and whether it is secondary to his service-connected condition or due to herbicide exposure.

The veteran's claim for service connection of a dental disorder is being remanded due to the need for further development and consideration.