Other conditions decisions — 2007

The Board found that there is no competent evidence linking the current left inguinal hernia to the veteran's service, and thus denied the claim for service connection.

The Board denied the claim for an effective date earlier than July 5, 2005 for the grant of DIC benefits based on appellant's helpless child status.

The Board denied the appellant's request for apportionment of her husband's VA disability compensation benefits due to lack of financial hardship and failure to demonstrate that he is not reasonably discharging his responsibility for child support.

The Board denied the veteran's claim for service connection for residuals from hernia surgery as there was no competent medical evidence to support a finding of an in-service injury or disease.

The veteran's appeal is being remanded for additional development, including a new VA examination to assess the severity of his duodenal ulcer disease.

The Board has decided to remand the case due to the need for a VA examination and proper notice under 38 U.S.C.A. § 5103(a) and 38 C.F.R. § 3.159(b).

The veteran's claim for an increased rating for his detached retina of the left eye was denied. The Board found that the evidence did not support a higher than 30 percent rating.,The veteran's claim for an earlier effective date for special monthly compensation due to blindness in one eye was also denied.

The Board has determined that the reduction in the veteran's VA pension award based on his wife's Social Security income was correct.

The Board is remanding the TDIU claim to the RO via the Appeals Management Center (AMC) in Washington, DC. The veteran's non-Hodgkin's lymphoma is currently rated at 10 percent and has been in remission since August 2004. There are no confirmed residuals of the disease. The Board finds that the preponderance of evidence does not support a higher rating for the non-Hodgkin's lymphoma.

The VA determined that the appellant's deceased spouse did not have qualifying service as a veteran, and therefore denied her claim for VA death benefits.

The Board denied the veteran's claim for service connection for chronic ulcerative colitis, finding that there was no nexus between his current diagnosis and his military service.

The Board has remanded the case due to the need for additional medical evidence and an examination.

The Board has determined that the evidence is at least in equipoise as to whether the veteran's cancer of the hypopharynx, status post laryngectomy, is causally related to exposure to Agent Orange in service. As a result, service connection for this condition is granted.

The veteran's service-connected residuals of shell fragment wounds of the right eye and left cheek are rated at 10 percent, which is not in excess of what was initially granted. The claim for malaria has no compensable rating assigned. TDIU is denied as the evidence does not show that his service-connected disabilities prevent him from obtaining or maintaining substantially gainful employment. The effective date for a 70 percent rating for anxiety prior to April 21, 1999, is denied.

The veteran's unauthorized emergency room visit on November 15, 2003 was not considered an emergency treatment and therefore, the claim for payment or reimbursement of unauthorized medical expenses is denied.

The Board has granted an effective date of October 8, 1991 for the award of a Total Disability Evaluation Based Upon Individual Unemployability (TDIU) due to service-connected skin disability. The earlier claim was not considered because it did not mention TDIU and there is no evidence showing an increase in disability prior to that date.

The Board denied restoration of service connection for a psychoneurosis in November 1960, finding that the veteran's symptoms predated his military service and were not aggravated by it. The decision is considered final.

The Board denied the veteran's claims for higher initial and increased ratings for his low back disability and left hip replacement, respectively.

The Board denied the veteran's claims for service connection for shell fragment wounds of the left arm, left hip, and right calf, as well as his claim for a malignant oligodendroglioma (brain tumor). The effective date for PTSD was set at August 13, 1996. The veteran's request for an earlier effective date for service connection for PTSD was also denied.

The Board found no current evidence of scoliosis and denied the veteran's claim for service connection. The skin disorder issue is remanded for further development.