Other conditions decisions — 2007

The veteran's claim for enrollment in the VA healthcare system has been denied due to insufficient information regarding his income status and eligibility under Priority Groups 5 and 7. The case is being remanded for further development, including obtaining updated financial statements and determining if he qualifies for low-income status or other relevant criteria.

The Board denied the appellant's claim for an apportionment of the veteran's compensation benefits due to lack of legal entitlement under the law.

The Board has granted an initial evaluation of 30 percent for the service-connected left upper extremity disability, which is more nearly approximates moderate incomplete paralysis.

The Board found that the veteran's low back disability, post-laminectomy and fusion at L5-S1, does not warrant a rating higher than 10 percent.

The Board denied the veteran's claims for service connection for soft tissue tumors and a cancerous colon polyp, both claimed as due to Agent Orange exposure. The evidence did not support a link between these conditions and the veteran's military service or his in-service exposure to herbicides.

The Board has determined that the veteran's service-connected arthritis of both hands warrants a 10 percent rating, which is higher than the current noncompensable rating. The preponderance of evidence does not support an increase in the rating beyond this level.

The Board has determined that the veteran's skin condition did not have its onset during or is related to his military service, and thus denied his claim for service connection.

The Board has determined that new and material evidence has been received to reopen the veteran's claim for service connection for lung disease, but denied it on the merits.

The VA determined that the veteran's service-connected myopericarditis does not warrant a rating higher than 10 percent, as his symptoms do not meet the criteria for a higher evaluation based on METs or cardiac function.

The Board has determined that there is no competent medical evidence showing the veteran has a chronic respiratory disorder that is related to service.

The VA determined that the veteran's current respiratory and sinus disorders are not related to his military service, including any exposure to asbestos.

The Board has determined that a 20 percent rating is warranted for the veteran's fragment wound with fracture of the left fibula, based on moderate disability.

The Board denied the veteran's claim for an earlier effective date for service connection of jaw injury, finding that no CUE was present in the April and July 1968 decisions or that an earlier effective date should have been assigned by the September 2003 rating decision.

The VA denied a higher rating for the veteran's left inguinal hernia, which is currently rated at 10 percent.

The Board has determined that the veteran does not have residuals of an eye injury or a head injury that are attributable to his active military service and therefore, service connection for these conditions is denied.

The Board found that the veteran's service records are unavailable and concluded that his current groin conditions did not manifest during active duty or were not caused by any in-service injury. The VA examination report supported this conclusion.

The Board has determined that the veteran's current eye disorders (chronic dry eyes and chalazions) are not related to his active service, including exposure to aircraft exhaust fumes.

The veteran's appeal is remanded for further development to determine his employability and assign ratings for any service-connected conditions.

The Board found that the veteran's current skin disability, xerosis, is not related to his military service and denied both his claim for service connection and his claim for SMC based on need for regular aid and attendance.

The RO denied the veteran's application to reopen his claim for service connection for a psychiatric disorder, including PTSD. The effective date of March 31, 1998, for the grant of service connection and a 70 percent rating for panic disorder without agoraphobia was not granted.