Other conditions decisions — 2008

The veteran seeks service connection for herpes simplex virus encephalitis, which he contends is related to his Bell's palsy. The VA examiner could not conclusively rule in or out a diagnosis of herpes simplex virus encephalitis and stated that the medical literature did not provide data estimating the likelihood that a given episode of Bell's palsy is caused by a herpes virus.

The veteran's claim for service connection for squamous cell carcinoma of the pharynx, squamous cell carcinoma of sinuses, and soft tissue sarcoma is being remanded due to a need for additional medical examination.

The Board has determined that the duodenal ulcers are not related to the service-connected PTSD and therefore denied the claim for secondary service connection.

The Board denied the appellant's claim for basic eligibility for VA Dependency and Indemnity Compensation (DIC) benefits because her late husband did not have qualifying service in the United States Armed Forces, as determined by the National Personnel Records Center.

The Board denied the reopening of a claim for service connection for a right side jaw condition, to include residuals of an infection and dental surgery due to lack of new and material evidence.

The Board denied the appellant's claims for service connection for the cause of her husband's death and for increased ratings for his service-connected disabilities, finding no new and material evidence to reopen either claim.

The Board denied the veteran's claim for a disability rating in excess of 30 percent for residuals of a laparoscopic inguinal herniorrhaphy, finding that the evidence did not meet the criteria for a higher rating.

The Board denied the veteran's claims for a separate rating for acute chest syndrome and an earlier effective date for her 100 percent rating for sickle cell anemia, finding that no increase in disability occurred prior to August 19, 2004.

The Board denied the veteran's claims of service connection for right and left hand disabilities, finding no medical evidence linking these conditions to his military service.

The Board found that the veteran did not have Lyme disease in service and does not currently have chronic residuals of the condition. The evidence established that the veteran's symptoms were likely due to infections he had during his military service, rather than Lyme disease.

The Board has reopened the veteran's claim for service connection for a bilateral hip disorder and granted it, finding that new and material evidence had been submitted. The issue of assigning a rating or effective date is remanded.

The Board denied the veteran's claims for higher evaluations for his service-connected bilateral posterior tibial tendonitis, finding that the disability did not meet or approximate criteria warranting a rating in excess of 10 percent.

The Board has determined that the veteran's squamous cell carcinoma is not related to active service or inservice radiation exposure, and thus denied his claim for service connection.

The Board found that the residuals of a bilateral lower extremity fasciotomy do not result in pain on examination or any other disability, and thus denied the veteran's claim for an initial compensable rating.

The Board has determined that further efforts are needed to obtain verification from the DOD regarding the veteran's Chapter 1606 eligibility, including whether he meets the criteria for a 'kicker' benefit.

The Board has determined that the earliest effective date for the award of nonservice-connected pension benefits is July 2, 2004, based on evidence indicating an original claim was filed by the veteran's representative in July 2004.

The VA determined that the veteran's current evaluation of 10 percent for bilateral foot calluses should be continued, as there is no evidence of limitation of function or other compensable disability.

The veteran's claim for VA educational benefits under Chapter 30, Title 38 was denied because he did not meet the eligibility requirements due to his less than two years of active duty service and discharge reason.

The Board is remanding the case to obtain a medical opinion regarding whether the veteran's service-connected left ring finger amputation resulted in a chronic stump infection that contributed to his death. The RO will also provide corrective notice and attempt to secure all available medical records.

The Board denied the appellant's claim to reopen his basic eligibility for VA benefits due to lack of new and material evidence.