Other conditions decisions — 2008

The veteran's claims for increased ratings for right trigeminal and facial nerve damage, as well as loss of sense of taste secondary to parotidectomy, were denied. The Board found that the evidence did not support a higher rating at any point during the appeal period.

The Board found that the RO correctly calculated the veteran's earned income for the period from June 2003 to May 2004, resulting in a denial of the appeal.

The Board found that the veteran's T12 paraplegia, resulting from a self-inflicted gunshot wound, is not related to his service-connected PTSD.

The veteran's appeal is being remanded due to the need for a VA examination and additional development of her claims file. The current disability rating for endometriosis with status post-right salpingectomy remains at 30 percent, but there are concerns about bowel or bladder symptoms that may warrant further evaluation.

The veteran's claim for a higher rating for his herniated nucleus pulposus at L5 is being remanded due to the need for further examination and consideration of new evidence.

The Board found that the veteran does not have current residuals of a hernia operation and there is no evidence linking any such condition to service. Therefore, service connection for residuals of a hernia operation was denied.

The Board has denied the veteran's claim for service connection for fatigue, finding that it is not caused by or a result of a chronic disability resulting in an undiagnosed illness and is instead attributable to his hypothyroidism.

The Board found that the veteran's preexisting left eye condition did not worsen during service and is not otherwise related to his active duty. Therefore, he was denied entitlement to service connection for blindness in the left eye.

The appellant is not eligible for VA DIC benefits as a remarried widow of the veteran, and her claim fails due to legal preclusion.

The Board found that the veteran's right arm disorder was not incurred in or aggravated by active military service, nor may it be presumed to have been incurred in service. The claim for a left foot disorder due to nerve damage is addressed in the REMAND portion of this decision.

The Board found that the veteran's cause of death, adenocarcinoma of the pancreas and acute myelogenous leukemia, were not caused or contributed to by any service-connected disability. The claim was denied as there is no evidence linking these conditions to his military service.

The veteran's claim for a waiver of overpayment in the amount of $2173.53 was denied by the Board, as recovery would not be against equity and good conscience.

The Board has remanded the case for a new VA examination and to ensure that all notification requirements have been satisfied. The veteran's claim will be reconsidered based on the additional evidence.

The Board has determined that the veteran's current diagnosis of herpes simplex is not related to service, and thus denied his claim for service connection.

The Board found no evidence of a service-connected dental condition or disability, and thus denied the veteran's claim for service connection.

The veteran's claim for an initial compensable disability rating for a left elbow/forearm disorder was denied. The VA found that the evidence did not support a higher rating based on functional loss or limitation of motion.

The veteran's VA pension benefits were properly terminated effective November 1, 2003 due to excess countable income. His countable income has exceeded the maximum applicable rate since that date.

The Board has determined that the reduction of the disability rating for service connected residuals of laryngeal cancer from 100% to 10% was proper, effective May 1, 2006. The veteran's service-connected residuals of laryngeal cancer have been manifested by hoarseness and inflammation of the cords or mucous membrane since May 1, 2006.

The Board found that the veteran's cause of death, esophageal cancer, was not incurred or aggravated by his military service and could not be presumed to have been caused by exposure to herbicides. The preponderance of evidence did not support a finding that the esophageal cancer was related to his time in Vietnam.

The Board found that the veteran's invasive papillary cell carcinoma of the bladder was not incurred in or aggravated by service, nor may it be presumed to have been incurred therein.