Other conditions decisions — 2008

The Board has determined that the veteran's respiratory obstructive, restrictive disease is attributable to service and grants service connection for this condition.

The Board found that the appellant's discharge was under conditions other than honorable due to willful and persistent misconduct. The Board also determined that he was not insane at the time of the offenses leading to his discharge.

The Board has denied the veteran's claim for service connection for scoliosis, finding that it is a congenital defect and not caused by or aggravated by military service.

The Board denied the appellant's request for waiver of recovery of an overpayment of DIC benefits, finding that her request was not timely filed.

The Board has determined that the cause of the veteran's death is not related to his active military service and therefore denied the claim for service connection for the cause of the veteran's death.

The Board has determined that new and material evidence has been submitted to reopen the claim of service connection for poliomyelitis. The veteran's current bilateral leg weakness is attributed to having contracted polio in service after receiving a polio vaccine, but there is no medical evidence showing he had poliomyelitis or its residuals during service.

The veteran's claim for concurrent receipt of VA disability compensation and military retirement pay was denied as he does not meet the legal requirements under current regulations.

The Board denied the claim for service connection for the cause of the veteran's death, finding that lung cancer was not related to his military service and thus could not be presumed due to Agent Orange exposure. The Board also found no evidence linking the veteran's lung cancer to any incident during his service.

The veteran seeks service connection for residuals of a right thumb injury. The RO denied the claim due to lack of in-service evidence, but the veteran provided an account of his alleged injury during service and submitted a statement from a munitions safety specialist who opined that either the weight of the massive bolt cycling back and forth or the impact of the cocking lever assembly could have caused the thumb injury. The RO has ordered a VA examination to determine if the current right thumb disability is at least as likely as not related to service.

The veteran is requesting an increased rating for her service-connected chondromalacia patella of the right knee, which was previously established in November 2004. The RO has ordered a remand to determine the current level of severity and obtain updated treatment records.

The veteran's claims for increased ratings for PFS of the right and left knees, as well as his claim for an effective date prior to January 30, 2004 for service connection for grade 1 spondylolisthesis at L5-S1, were granted. The effective date is set at January 30, 2004.

The veteran is seeking service connection for the loss of all upper teeth. The case has been remanded to gather additional dental records and a VA dentist's evaluation.

The Board has determined that the appellant's income exceeds the statutory limits for receipt of death pension benefits, and thus she is not legally entitled to such benefits.

The veteran's back condition was found to warrant a rating of 40 percent for the period from May 1, 2008. For the earlier periods, he received a 20 percent rating.

The Board has determined that the veteran's postoperative left foot fracture residuals do not warrant an evaluation in excess of the currently assigned 10 percent rating.

The Board found that the veteran's preexisting neurofibromytosis did not chronically worsen or increase in severity as a result of his active service, and thus denied his claim for service connection.

The veteran's claim for service connection for basal cell carcinoma of the ears, left nasolabial area, left cheek and left outer canthus was denied as there is no evidence linking these conditions to his military service.

The VA determined that the veteran's right fifth metacarpal disability does not warrant a compensable evaluation, as it only shows full range of motion with pain but no ankylosis.

The veteran's claim for an increased rating for his degenerative changes of the lower thoracic spine is being remanded due to inadequate notice and missing private treatment records.

The Board has determined that new and material evidence has been received to reopen the veteran's previously denied claim for service connection for residuals of a left foot injury.