Other conditions decisions — 2007

The Board dismissed the appeal as the appellant withdrew her appeal prior to a decision being made.

The veteran's ex-spouse is seeking an earlier effective date for the grant of apportionment of her disability compensation payments. The case has been remanded due to failure to provide proper notice regarding how effective dates are established.

The Board has denied the veteran's claim for service connection for right elbow lateral epicondylitis and extensor tendinitis, including as secondary to his service-connected right shoulder impingement syndrome.

The Board denied the veteran's claim for a waiver of recovery of an overpayment of $1,301 in compensation benefits. The decision stated that repayment would not be against equity and good conscience due to the veteran's financial situation.

The Board has determined that the cause of the veteran's death, ALS, was not incurred as a result of service-connected disability or other incident of service. The preponderance of evidence is against the claim.

The Board found that the veteran's current dental conditions do not constitute disability for compensation purposes and were not caused by an in-service punch to the face. Therefore, service connection for VA compensation purposes is denied.

The veteran's condition of idiopathic diminished sphincter tone and anal fissures causing fecal incontinence resulted in severe leakage requiring daily use of pads as of June 9, 2005. The Board granted a rating of 100 percent for this period.

The Board denied the appellant's claim for recognition as the veteran's surviving spouse for VA purposes, and this decision was affirmed by the Court.

The Board found that the veteran did not meet the criteria for a 100% evaluation prior to September 8, 2004. The effective date of the 100% evaluation was set at September 8, 2004.

The veteran's service-connected compression fracture L-1 disability is currently rated at 50 percent, and the Board finds that a higher rating is not warranted based on the current evidence.

The veteran's appeal is being remanded for a video conference hearing before a Veterans Law Judge at the RO. The case will be returned to the Board after the hearing.

The veteran's appeal is remanded due to the need for a DRO hearing and a VA examination to determine the severity of her narcolepsy. The case will be reviewed again after these actions are completed.

The veteran's service-connected psychiatric condition does not warrant a higher rating, and his gastrointestinal disability is rated at the maximum allowable. The Board denied both his claim for an increased rating and his TDIU claim as he did not meet the schedular criteria for either.

The Board found that the retroactive termination of the veteran's additional disability compensation benefits for a dependent spouse effective May 1, 1998, and the retroactive grant of additional disability compensation benefits for a dependent spouse effective October 1, 2004, were proper.

The Board has determined that the veteran's cause of death, a cerebrovascular accident (stroke), is presumed to have been incurred in service due to his status as a prisoner of war. Therefore, service connection for the cause of the veteran's death is granted.

The Board has reopened the claim of service connection for the cause of the veteran's death due to new evidence, but it is not established that exposure to Agent Orange caused or contributed to his cancer.

The Board denied reopening of the claim for service connection for peptic ulcer disease with duodenal ulcer, finding that new and material evidence had not been received.

The Board has determined that an apportionment of 40 percent of the veteran's disability compensation is appropriate for his minor children, W.R., C.R., and L.R.

The Board has remanded the case due to inadequate records and a need for further medical evaluation. The veteran's acquired immune deficiency disorder, diagnosed as hypogammaglobulinemia, is being evaluated in relation to his Gulf War service.

The Board has determined that the veteran's residuals of colon cancer are manifested by daily fecal leakage, frequent urgency to defecate, and involuntary bowel movement accidents occurring one to three times per week on average. This symptomatology warrants a 30 percent disability rating under Diagnostic Code 7332.