Other conditions decisions — 2008

The Board has denied the veteran's petition to reopen his claim for service connection for lung disease, finding no new and material evidence since the previous denial in September 1995.

The Board found that the veteran's infections of the left hip were not caused by VA treatment and did not find any fault on the part of VA. Therefore, the claim for compensation under 38 U.S.C.A. § 1151 was denied.

The Board found that the overpayment of nonservice-connected pension benefits was properly created due to the veteran's earned income exceeding the maximum allowable amount, and thus denied the appeal.

The veteran's vision loss was not found to be a result of VA care, and the Board denied his claim for 1151 compensation.

The Board has determined that the veteran does not meet the criteria for a compensable rating for his old fracture, right fifth proximal interphalangeal and tenosynovitis with therapeutic release, fourth digit, right hand.

The veteran's service was not in the Republic of Vietnam, which is a requirement for qualifying wartime service. Therefore, he does not meet the criteria for basic eligibility for nonservice-connected pension benefits.

The Board denied the veteran's claims for service connection for breast cancer and compensation for his biological daughter's cerebral palsy, finding no evidence linking these conditions to his military service or exposure to herbicides.

The Board has granted a 20 percent rating for the veteran's right knee disability, effective from January 20, 2006. The previous rating of 10 percent was found to be inadequate before that date.

The appellant is not eligible for VA death benefits as she was over 23 years old at the time of her father's death and did not meet the eligibility criteria for children.

The Board denied service connection for residuals of a right eye injury, bilateral ear condition, and skin condition of the feet. The veteran's claims were not reopened due to lack of new and material evidence.

The Board found that the veteran's atrial fibrillation was not caused by or aggravated by his service-connected anxiety disorder, and thus denied his claim for secondary service connection.

The Board has remanded the case due to new evidence received after the December 2006 statement of the case, and the appellant is requested to provide updated VCAA notice that complies with developments in case law as to the requirements for proper VCAA notice pertaining to establishment of effective dates.

The Board denied the veteran's claims for service connection for post-traumatic stress disorder, tinnitus, a lung disability (claimed as reduced lung capacity), and bilateral knee pain due to lack of medical evidence showing current diagnoses or a causal link to service.

The veteran's right hand fracture with malunion of the fourth and fifth metacarpals is currently rated at 10 percent, but does not meet the criteria for a higher rating due to lack of unfavorable ankylosis or limitation of motion.

The Board has determined that additional development is needed to determine the relationship between the veteran's current conditions and her military service, including a hysterectomy and dysmenorrhea.

The veteran's initial disability rating for bilateral TMJ disorder was increased to 30 percent effective July 6, 2007. The evidence does not support a higher rating beyond this point.

The Board dismissed the issue of an increased initial rating for PTSD as it lacks jurisdiction due to the veteran not submitting a substantive appeal.

The veteran's claim for service connection for rectal cancer, claimed as due to herbicide exposure in Guam, is being remanded for further development and consideration.

The Board has determined that the veteran's varicose veins of both lower extremities do not warrant a disability rating greater than 40 percent.

The Board has determined that the veteran is entitled to service connection for both the residuals of a right foot fracture and traumatic arthritis of the right foot, based on medical opinions linking these conditions to his military service.