Other conditions decisions — 2008

The veteran's claim for service connection for gunshot wound, right thigh, was reopened and granted based on new evidence.

The appeal is remanded to the RO for additional development and consideration of the claim.

The Board denied the veteran's claims for an increased rating for malaria and service connection for chronic prostatitis, as there was no evidence of active disease or residuals of malaria, and no evidence supporting a diagnosis of chronic prostatitis.

The veteran's TMJ dysfunction was not related to service, and his sleep disturbance did not meet the criteria for a rating higher than 10 percent.

The Board found that the appellant intentionally misled VA regarding her marital status, which resulted in an overpayment of widow's pension benefits and denied a waiver.

The veteran's claim for an increased rating for pulmonary fibrosis is remanded to the RO for further development.

The veteran's claim for an earlier effective date for the assignment of a total disability evaluation based on individual employability (TDIU) was denied as it is not factually ascertainable that he became unemployable due to his service-connected disabilities prior to November 12, 2002.

The appeal is remanded to the RO for further development of evidence regarding the veteran's service medical records and any additional relevant information.

The veteran's HIV-related illness is manifested by development of definite medical symptoms, T4 cell ranging from 363 to 660, and on approved medications; there is an absence of recurrent constitutional symptoms and intermittent diarrhea, Hairy Cell Leukoplakia, or Oral Candidiasis. The criteria for entitlement to a disability rating in excess of 10 percent for HIV-related illness have not been met.

The Board denied the veteran's claim for service connection for a jaw disorder, as there was no evidence of a current disability related to his military service.

The veteran requires regular aid and attendance due to mental health symptoms, memory loss, inability to manage medications, high risk of falls, limited mobility, and the need for supervision in daily activities.

The case was remanded for a neurological examination to address the veteran's complaints of facial pain and tearing, which were not previously noted.

The Board finds that the veteran's right leg/thigh disability is not attributable to his active service.

The appeal is remanded to the RO for further development and consideration of additional evidence.

The Board denied the veteran's appeal to restore a 100 percent rating for kerataconus, finding that the reduction from 100 percent to 30 percent was properly based on the medical evidence of record.

The Board denied the veteran's claim for an initial compensable rating for scar, laceration, left supra-orbital (eye) and found that his service-connected condition did not meet the criteria for a higher evaluation.

The Board denied the appellant's claims to reopen service connection for the cause of death and dependency and indemnity compensation under 38 U.S.C.A. § 1318, as new and material evidence was not received.

The Board found that the veteran's claim for service connection for chronic disability attributable to military immunizations, including Anthrax, was not supported by any competent medical evidence and denied the claim.

The veteran's right elbow disability, rated as residuals of a traumatic rupture of the right biceps tendon, is not shown to be more than minimally symptomatic and does not warrant an initial compensable rating.

The appeal is being remanded for additional development, including notification of the appellant and his representative, obtaining SSA records, and taking adjudicatory action on the claim.