Other conditions decisions — 2007

The veteran's request for an extension of a Paragraph 30 temporary total evaluation beyond November 30, 2004 and an increased rating above 30 percent for his right tibia and fibula fracture residuals is denied.

The Board has determined that the appellant meets the requirements to be recognized as the veteran's surviving spouse for dependency and indemnity compensation benefits.

The Board denied service connection for subconjunctival hemorrhage of the right eye and exotropia of the right eye due to a lack of current disability evidence.

The Board has remanded the case for scheduling a Travel Board hearing due to the appellant's request.

The Board found that the veteran's cystic fibrosis pre-existed service and was not aggravated by active military service, thus denying his claim for service connection.

The Board has determined that the veteran does not currently have pre-tibial edema, and there is no medical evidence linking a thoracic arachnoid cyst to service. The claim for service connection for these conditions is denied.

The Board denied the veteran's claim of service connection for a neurological disorder secondary to heat stroke, finding that there was no evidence linking his current symptoms to his in-service condition.

The Board found that the veteran's claimed PTSD was not incurred in or aggravated by active duty service and denied his claim.

The Board denied the appellant's claim to reopen her service connection for the cause of the veteran's death, finding that new evidence did not raise a reasonable possibility of substantiating her claim.

The Board found that the submitted evidence was not new and material, thus denying the veteran's request to reopen his claim for service connection for decreased vision of the right eye.

The Board has granted the veteran a 10 percent disability rating for his service-connected residuals of a fractured jaw, effective April 15, 2003. The veteran requested an earlier effective date to when he was service-connected for his teeth (August 1974). The RO is instructed to attempt to obtain any dental treatment records or other medical evidence dealing with the residuals of the fractured jaw, for the period prior to April 2003.

The Board has determined that there are procedural deficiencies and the case is being remanded to obtain proper notice and additional medical records.

The Board denied the veteran's claim to reopen his service connection for residuals of a right femur fracture, finding that new and material evidence had not been submitted.

The veteran's residuals of a gunshot wound to the pancreas are currently rated at 10 percent, effective July 28, 1998. The Board found that his symptoms did not warrant an evaluation greater than 10 percent for the period from July 28, 1998 to January 20, 2007.

The Board has determined that the veteran's scoliosis, which pre-existed service and was aggravated during service, qualifies for service connection.

The Board denied an increased rating for the veteran's muscle disability and a compensable evaluation for his scars, finding that the evidence did not support higher ratings based on the criteria provided in VA's Schedule for Rating Disabilities.

The Board found that the veteran's vision impairment, which is Stargardt's disease (claimed as blindness), was due to a congenital defect that pre-existed his service and was not aggravated by service. Therefore, service connection for this condition cannot be granted.

The Board denied the appellant's claim for accrued benefits, stating that there was no evidence in VA's possession at the time of the veteran's death to support her claim for unreimbursed medical expenses.

The Board has determined that the veteran's currently diagnosed ALS is related to his military service, including his service in the Persian Gulf region from September 16, 1991, to December 18, 1991. As such, service connection for ALS is granted.

The veteran's case is being remanded due to scheduling issues, and a video conference hearing will be arranged for the veteran.