Other conditions decisions — 2008

The Board denied the veteran's claim for an increased rating for his service-connected bilateral foot disorder, finding that new and material evidence had not been submitted to reopen his previously denied claim. The veteran was also denied compensation benefits under 38 U.S.C.A. § 1151 for a chronic urinary tract infection allegedly caused by VA surgery.

The Board has determined that the veteran's claim for service connection for gout should be remanded due to insufficient evidence and need for further examination.

The veteran's appeal is being remanded for additional development, including an examination and obtaining treatment records. The issues of increased ratings for hiatal hernia and incisional hernia are pending.

The Board has determined that the veteran's decreased vision in his left eye was not incurred or aggravated by service, and thus denied the claim for service connection.

The veteran's claim for reimbursement of unauthorized private medical services provided at Saratoga Hospital on June 24, 2006 was denied by the AOJ. The case is REMANDED to obtain missing treatment records from the Saratoga Hospital and VA Glenn Falls Clinic.

The Board found that the veteran's basal cell carcinoma of the right cheek was not shown in service or for many years thereafter, and is not related to his active service. Therefore, service connection for this condition was denied.

The Board has determined that new and material evidence has not been presented to reopen the veteran's claim for service connection for an ear condition. As such, the claim is denied.

The veteran's claim for service connection for squamous cell carcinoma of the left base of the tongue, including as a result of exposure to herbicides, is being remanded due to scheduling issues.

The Board has granted a 10 percent evaluation for the veteran's service-connected actinic cheilitis of the lower lip, effective February 16, 2007.

The Board has granted initial 10 percent evaluations for arthritis of the right and left knees, finding that the veteran's symptoms are best described by a rating under Diagnostic Code 5003.

The veteran is entitled to specially adapted housing due to service-connected Non Hodgkin's lymphoma resulting in loss of use of both lower extremities and one upper extremity. Financial assistance for an automobile or adaptive equipment is also granted.

The Board finds that the preponderance of evidence is against the veteran's claims for service connection for a gastrointestinal condition and residuals of malaria, including loss of the senses of smell and taste. The veteran does not have current disabilities related to his time in active duty service.

The appellant requested a hearing at the Board's offices in Washington, DC. The case is being remanded to schedule the appellant for a hearing before a member of the Board sitting at the RO.

The veteran's application for VA education benefits under the Montgomery GI Bill was denied because her service obligation did not meet the requirements of Chapter 30, Title 38 United States Code.

The Board determined that the appellant could not be recognized as the veteran's surviving spouse for VA benefits due to a lack of valid marriage under Arizona state law, despite her claim and supporting evidence.

The Board has remanded the case due to incomplete service records and the need for further development, including obtaining STRs and notifying the veteran of his rights regarding the claim.

The Board found that the veteran does not have a disability manifested by bilateral upper extremity numbness due to disease or injury incurred in service, and denied his claim for service connection.

The Board has remanded the case for a new VA examination to evaluate the veteran's neck disability, as the previous examinations were inadequate.

The Board finds that the proper procedures for a rating reduction were followed and there is no evidence of local recurrence, metastasis, or renal dysfunction related to this disorder. The veteran's service-connected radical prostatectomy secondary to prostate carcinoma is currently manifested by urinary frequency but does not require the use of an appliance or the wearing of absorbent materials which must be changed more than four times per day.

The veteran's claim for an increased rating for his service-connected residuals of a gunshot wound with fracture of the left ileum, including Muscle Group XVII, is being remanded due to the need for additional development and examination.