Other conditions decisions — 2008

The veteran's dysthymic disorder (previously diagnosed as a conversion reaction) is not of sufficient severity to warrant a rating in excess of 50 percent, and he is not entitled to a total disability rating based on individual unemployability.

The appeal for apportionment of the veteran's compensation benefits was denied due to the lack of financial hardship and the fact that the veteran has been providing child support.

The veteran is not eligible for payment or reimbursement of unauthorized medical expenses incurred at a non-VA facility because the criteria under 38 U.S.C.A. § 1725 and 38 C.F.R. § 17.1002(b) and (c) were not met.

The Board finds that a service-connected disability, chronic myelomonocytic leukemia, was a contributory cause of the veteran's death and grants the appellant's claim.

The Board denied service connection for twitching, shortness of breath, and rashes and sores as they were not shown to be manifestations of an undiagnosed illness attributable to the veteran's service during the Persian Gulf War.

The Board finds that service connection for lymphoma is warranted based on the veteran's exposure to zinc chromate during service.

The Board finds that the preponderance of the evidence is against the veteran's claim of entitlement to service connection for bilateral pes cavus, claimed as high arches, to include secondary to residuals of surgery on the right fifth toe.

The Board found that the veteran had not submitted new and material evidence sufficient to reopen a claim for service connection for enlarged veins of both lower extremities.

The veteran's claim for a total disability rating based on individual unemployability (TDIU) was remanded to obtain additional evidence and schedule an examination.

The appellant's discharge from service is a bar to VA benefits due to misconduct and frequent involvement of a discreditable nature with civil or military authorities.

The veteran's claim for an increased rating for gout is being remanded to provide the veteran with proper notice and additional medical development.

The Board has reopened the veteran's claim of service connection for left hand paralysis due to new evidence submitted since the last final denial. However, the claim remains denied as there is no clear and unmistakable evidence that the current disability was incurred or aggravated by service.

The VA denied the veteran's claim for an increased disability rating for her service-connected right elbow fracture, currently rated at 10 percent. The evidence did not meet the criteria for a higher rating under Diagnostic Code 5207.

The Board found no evidence of current residuals of a head injury or neck injury, and thus denied the veteran's claims for service connection.

The Board found no current diagnosis of a bilateral leg disorder and denied the veteran's claim for service connection.

The veteran's appeal was dismissed because he died during the pendency of his appeal, and thus the Board has no jurisdiction to adjudicate the merits of this claim.

The Board denied the appellant's claim to reopen her service connection for the cause of the veteran's death, finding no new and material evidence.

The veteran's service-connected right knee disability is currently rated at 30% disabling, which reflects the severity of his condition as manifested by pain and functional limitations.

The Board has remanded the case due to missing service medical records and the need for additional development, including obtaining SSA records and requesting unit records from Fort Carson, CO.

The veteran died of metastasis unknown cancer, which was the underlying cause of his respiratory failure and massive tumor left chest with liver. The evidence does not support a finding that any service-connected disability contributed to his death.