Other conditions decisions — 2007

The Board has determined that the veteran's back and side disability was not incurred or aggravated by service, as there is no evidence of a current disability related to his in-service injury. The Board found that the veteran's obesity, rather than his service injury, was the main contributing factor for his chronic back pain.

The Board found that the veteran's non-service-connected pension benefits were retroactively reduced due to his receipt of Social Security Administration (SSA) benefits, resulting in an overpayment. The Board determined this was a valid debt and denied the appeal.

The Board denied reopening the claim for service connection for a psychiatric disorder in February 1999. The veteran submitted new evidence, but it was not considered material to reopen the claim.

The Board found that the veteran does not currently have a chronic skin disorder and denied his claim for service connection. The issue of numbness of the feet was also addressed, but no decision was made as it is unclear if this appeal is about service connection at all.

The Board denied service connection for multiple myeloma, Hodgkin's disease, and basal cell carcinoma due to Agent Orange exposure. The veteran did not serve in Vietnam or one of the specified units in Korea exposed to herbicides during the appropriate time frame.

The veteran's service-connected panic disorder with agoraphobia, characterized by daily short-lived panic attacks in public settings and occasional feelings of anger or depression, results in mild to moderate occupational and social impairment. The disability does not meet the criteria for a higher rating.

The Board has remanded the case to the RO for further development and consideration, including obtaining additional VA medical records and ensuring compliance with VCAA requirements.

The Board has determined that there is no current clinical diagnosis of a hip disorder, and thus the veteran's claim for service connection for a hip disorder cannot be granted.

The veteran's claim for service connection for gum disease was denied, and his initial compensable evaluation for bilateral hearing loss during the period between October 1, 2003, and February 16, 2005, was also denied.

The Board denied the veteran's claims for a higher rating for HSP and service connection for arthritis, finding that there was no evidence to support an increased rating or service connection.

The Board found that the veteran's PUD did not meet the criteria for a higher disability rating from January 26, 1999 to April 5, 1999, from June 1, 1999 to March 27, 2000, and from July 1, 2000 to November 18, 2003.

The Board has determined that the grant of service connection for right eye retinal vasculopathy was clearly and unmistakably erroneous, leading to its appropriate severance.

The Board has reopened the veteran's service connection claim for squamous cell skin cancers due to radiation exposure and granted the claim on the merits, finding that new evidence supports a causal link between his in-service exposure and his current condition.

The Board finds that the retroactive termination of benefits was proper due to concurrent receipt of Chapter 35 educational benefits and a dependency allowance for the veteran's child.

The veteran's appeal is remanded for additional development, including obtaining medical records and providing VCAA notice.

The Board denied the veteran's claims for service connection for subcutaneous lumps and an initial evaluation in excess of 70 percent for PTSD. The evidence did not support a finding that the current subcutaneous lumps were related to active service, and there was no indication of continuity of symptomatology. For PTSD, the Board found that symptoms met criteria but did not meet all criteria for a higher rating.

The Board found that the appellant is not a surviving spouse as defined by VA law and therefore, she is not eligible for death pension benefits.

The Board has remanded the case due to insufficient VCAA notification and a need for additional development, including obtaining treatment records from the VA Outpatient Clinic in Baton Rouge and verifying the veteran's dates of service in the Republic of Vietnam.

The Board has determined that the veteran's pulmonary disorders, including pleural fibrosis and rounded atelectasis, are likely related to his exposure to asbestos during service.

The veteran's death was caused by cancer of the intestine, which is not related to service. The claim for accrued benefits was untimely filed.