Other conditions decisions — 2007

The Board denied the veteran's claims for increased ratings for PTSD and avulsion of the right little toe, as well as his claim for a TDIU due to the lack of new and material evidence in reopening his service connection claim for an avulsion of the right big toe. The combined rating of his service-connected disabilities does not meet the criteria for a TDIU.

The Board has determined that the veteran's ulcerative proctitis with duodenal ulcer does not warrant a rating higher than 30 percent, as there is no evidence of severe colitis or moderately severe ulcer disease.

The Board found that the veteran's pre-existing congenital eye disorder did not worsen during service, and thus denied his claim for service connection.

The VA determined that the veteran's radicular symptoms of the third, fourth and fifth fingers of each hand do not meet the criteria for a compensable disability rating based on mild incomplete paralysis of the ulnar nerve.

The veteran's claim for an earlier effective date for the grant of service connection for narcolepsy was denied. The RO had previously denied his initial claim in June 1974, which is final and binding on him based on the evidence then of record. He did not file a timely appeal to that decision, nor did he provide any new or material evidence to reopen the claim.

The Board denied reopening the claims for laceration of the forehead and defective vision, finding that no new and material evidence had been submitted.

The veteran's back disability, characterized by arthritis and spondylolisthesis with associated nerve symptoms, is rated at the highest possible level of 60 percent under the General Rating Formula for Diseases and Injuries of the Spine.

The Board has remanded the case to the RO for scheduling a Travel Board hearing due to the veteran's inability to attend the scheduled hearing.

The veteran withdrew his appeal regarding the special home adaptation grant under 38 C.F.R. § 3.809(a) before a decision was made by the Board.

The veteran seeks service connection for bilateral defective hearing and a chronic respiratory disorder, claimed as chronic obstructive pulmonary disease due to exposure to Agent Orange. The case is being remanded for further development of the evidence.

The VA denied the veteran's claims for increased ratings for his service-connected right and left knee patellar tendonitis, finding that the disability does not warrant a rating in excess of 10 percent.

The veteran's combined rating for service-connected disabilities (residuals of cold injury to both feet) is 60%, meeting the criteria for TDIU. However, a VA examiner found that he is capable of sedentary or very light work despite his age and other nonservice-connected conditions.

The Board denied the veteran's claims for service connection for basal cell carcinoma, bilateral hearing loss, tinnitus, and a right knee disability. The examiner found that there was no evidence linking the veteran's basal cell carcinoma to his military service or herbicide exposure.

The Board denied the veteran's claims for service connection for jungle rot, dysentery, heat stroke, and residuals of a head injury due to lack of competent evidence showing current disabilities. The claim for an increased rating for PTSD was also denied as there is no evidence that the disability has resulted in occupational and social impairment with deficiencies in most areas.

The Board granted service connection for the cause of the veteran's death effective June 5, 1975. The appellant seeks an earlier effective date but has not challenged the November 1970 rating decision or the September 2004 Board decision as clearly and unmistakably erroneous.

The Board denied the veteran's claim for service connection for post-operative left upper lobe lobectomy as secondary to a service-connected fungal infection. The RO also denied his claim for compensation under 38 C.F.R. § 1151 for residuals of left upper lobe lobectomy.

The Board denied the application for clear and unmistakable error in rating decisions denying service connection or reopening the claim of service connection for Reiter's syndrome, which were made in October 1989, February 1990, December 1993, January 1997, and August 1997.

The veteran's appeal is being remanded for additional development, including a VA audiometric evaluation to determine the current severity of his service-connected defective hearing.

The Board finds that the overpayment of VA educational benefits in the amount of $301.20 was properly created and the debt resulting therefrom is valid.

The Board has determined that the veteran's current arthritis of multiple joints is not related to his service-connected rheumatic fever, and thus denied his claim for secondary service connection.