Other conditions decisions — 2007

The Board has determined that the reduction in rating from 100% to 40% for adenocarcinoma of the prostate associated with herbicide exposure was proper, and subsequently increased it to 60%. The veteran is not entitled to a higher rating as his symptoms do not warrant such an increase.

The veteran's service is not considered active military service due to the short duration and does not meet the threshold requirements for eligibility for VA pension benefits.

The Board has remanded the case to allow a Travel Board hearing in San Antonio, Texas.

The Board denied the appellant's claim for waiver of a $1000 overpayment of an apportionment of her ex-husband's VA compensation benefits, finding that recovery would not be against equity and good conscience.

The veteran's claim for an increased evaluation of his service-connected thoracic muscle strain disorder is being remanded due to the need for additional medical evidence and a VA examination.

The Board has determined that new and material evidence has been received to reopen the veteran's claim of entitlement to service connection for bilateral blindness. The claim is granted as the disability is etiologically related to service.

The Board has determined that the veteran's claimed disabilities of a fractured jaw and left hip injury were not incurred or aggravated during his active service, nor are they related to such service. As such, service connection for these conditions is denied.

The Board has determined that the appellant's discharge from military service was under other than honorable conditions (UOTHC), which bars him from receiving VA pension or compensation benefits based on his sole enlistment.

The Board denied service connection for the cause of death due to ALS, finding that it was not caused by or related to service-connected anxiety. The DIC claim under 38 U.S.C.A. § 1318 was also denied as there were no continuous periods of total disability prior to the veteran's death.

The Board found no evidence of a low back disorder or hip disorder that was incurred in service, and thus denied the veteran's claims for service connection.

The Board has reopened the claim for service connection for a skin condition of the feet, hands, back and scrotum based on new evidence. The claim will be further reviewed to determine if service connection can be established.

The Board has granted service connection for a hydrocarbon allergy manifested by skin and respiratory disorders diagnosed as dermatitis, atopic eczema, pruritic papules compatible with atopic dermatitis, reactive airway disease, allergic rhinitis, and mild emphysema.

The veteran's claims for increased evaluations and effective dates have been denied. The RO has evaluated his hip disorders based on their current status post-surgery conditions.

The VA determined that there is no evidence of active malaria or its residuals, and thus, a compensable rating for the veteran's service-connected malaria is denied.

The Board has denied the veteran's claims for increased evaluations for his service-connected shell fragment wound of the left arm and incomplete paralysis of the left ulnar nerve, finding that the current ratings adequately reflect the severity of these disabilities.

The Board has granted a combined rating of 50 percent for the service-connected residuals of a fracture of T12 and L1 with spinal fusion, based on separate ratings for orthopedic disability (20%) and moderate incomplete paralysis of the sciatic nerves on both sides (40%). The left elbow disorder is rated at 10%.

The veteran's claim for reimbursement or payment of unauthorized medical expenses provided by Morton Plant Hospital from March 26, 2006 to March 31, 2006 was denied due to the availability of VA facilities.

The Board has denied the veteran's request to reopen his claim for service connection for a lung disorder, finding that no new and material evidence has been submitted.

The Board found that the veteran does not have service to qualify for nonservice-connected pension benefits and denied his claim.

The Board has granted an initial rating of 50 percent for Raynaud's disease, effective from September 2, 1994.