Other conditions decisions — 2007

The veteran's application for enrollment in the VA medical healthcare system was denied as he did not meet the eligibility criteria and his request to be placed in a higher priority group was not supported by updated information.

The Board has determined that the veteran's residuals of cold injury to both feet were incurred in service and granted service connection for these conditions.

The Board denied the veteran's claim for service connection for a right hip condition, finding that there was no evidence linking his current diagnosis to his military service or any of his service-connected disabilities.

The Board denied the appellant's application to reopen a previously denied claim for service connection for the veteran's cause of death, finding that new and material evidence had not been submitted.

The Board denied the appellant's application to reopen his claim of legal entitlement to VA benefits, finding that new and material evidence had not been submitted. The decision also noted that the appellant was ineligible for VA benefits as a matter of law due to the National Personnel Records Center (NPRC) refusing to certify his service.

The Board denied the veteran's appeal for an earlier effective date of September 1, 1986 for his TDIU due to finality of the RO decision and lack of grounds other than clear and unmistakable error.

The Board has denied the veteran's claims for service connection for left and right heel bone spurs, finding no evidence of a link between current disabilities and his active service.

The Board has dismissed the appeal due to the appellant's withdrawal of the appeal prior to a decision.

The Board has determined that the veteran's claim of entitlement to service connection for a chronic bilateral foot disorder is granted.

The Board found that the veteran's claim for service connection was denied due to his failure to report without good cause for a scheduled May 1996 Department of Veterans Affairs examination. The decision is now overturned as clearly and unmistakably erroneous.

The Board denied the veteran's request for waiver of recovery of an overpayment of compensation benefits in the amount of $84,535 due to his own fault in accepting and using duplicate payments.

The veteran's bilateral foot condition, primarily manifested by severe bunions and arthritic changes, does not meet the criteria for a higher rating under any applicable diagnostic code.

The Board found that the veteran does not currently have or has never had Lyme disease, and thus denied his claim for service connection.

The Board has determined that the veteran's ankylosing spondylitis is not related to his military service and therefore denied the claim.

The veteran's emergency medical treatment for chest pain, palpitations, and shortness of breath on September 11, 2003 was found to meet the criteria for reimbursement. The Tampa VAMC denied reimbursement due to a lack of an acute condition at the time of the ER visit, but the Board determined that given the veteran's history and symptoms, it was reasonable for him to seek treatment immediately.

The veteran's claims for increased ratings for his service-connected herniated nucleus pulposus at L5-S1 and adjustment disorder with mixed emotional features were denied. The current rating of 40 percent for the herniated nucleus pulposus is found to be appropriate based on the severity of his symptoms prior to September 26, 2003.

The Board found that the veteran's HIV infection results in some fatigue, nausea, and diarrhea but does not meet the criteria for a diagnosis of AIDS or significant opportunistic infections. Therefore, he is denied an increased rating beyond 60 percent.

The veteran's claim for a compensable rating for his right upper arm fracture was denied due to failure to report for scheduled VA examinations.

The Board has determined that the veteran's right hand disability, including scars and atrophy of the first interosseous muscle, is related to his in-service right hand infection. Service connection for these conditions is granted.

The appeal has been dismissed as the appellant withdrew their appeal prior to a decision being made.