Other conditions decisions — 2008

The Board denied service connection for mitral valve prolapse and arthritis of the left great toe, finding that neither condition was incurred in or aggravated by service.

The veteran's claim for service connection for epididymitis was denied as there is no competent medical evidence establishing that he has a diagnosis of epididymitis.

The Board denied service connection for aortic insufficiency, finding no medical evidence linking the condition to service or any service-connected disability.

The veteran's respiratory disability was rated at 100 percent effective August 23, 2007, due to the need for outpatient oxygen therapy.

The Board denied the veteran's claim for compensation under 38 U.S.C.A. § 1151 for a bilateral eye disability claimed as a result of VA treatment in October 1993, finding no evidence that the veteran's current cataracts and decrease in visual acuity were related to the one-time use of ear drops in his eyes.

The appeal was remanded for a travel board hearing at the Portland Regional Office.

The veteran's residuals of a duodenal ulcer are characterized by continuous moderate manifestations of mild diffuse abdominal pain, warranting a 20 percent initial disability rating.

The veteran withdrew his appeal for an increased evaluation of his right inguinal hernia, and the appeal was dismissed.

The Board denied an initial compensable disability evaluation for residuals of a chip fracture of the second finger of the right hand, as there was no evidence of ankylosis or limitation of motion that would warrant a compensable rating.

The veteran's service-connected central serous choroidopathy of the right eye is rated at 30 percent, which is the maximum schedular rating for this condition based on visual acuity. The Board concluded that an increased rating was not warranted.

The case is remanded for a VA examination to determine the nature and etiology of the veteran's stroke, as well as any residuals from his in-service head injury.

The veteran's back disability symptoms, both prior to October 16, 1996 and from December 1, 1996 to October 14, 1998, do not more closely approximate moderate limitation of lumbar spine motion than slight limitation of motion, and are not productive of muscle spasm on extreme forward bending, loss of unilateral lateral spine motion in any direction in a standing position, or any recurring attacks of intervertebral disc syndrome. The veteran's back disability symptoms do not approximate pronounced IDS, with persistent symptoms compatible with sciatic neuropathy with characteristic pain and demonstrable muscle spasm, absent ankle jerk, or other neurological findings appropriate to the site of the diseased disc, and little intermittent relief; they do not approximate unfavorable ankylosis of the entire thoracolumbar spine; and they have not been productive of incapacitating episodes of intervertebral disc syndrome having a total duration of at least 6 weeks during the past 12 months. There is no spiral or oblique fracture of the left shaft or anatomical neck of the left femur, with nonunion, and loose motion, or flail left hip joint; and the veteran's left hip disability does not approximate intermediate left hip ankylosis.

The veteran withdrew the appeal before a decision was made.

The veteran's death was not the result of disease or injury incurred in or aggravated by active military service; his death was not due to or the result of any service-connected disability.

The Board found that the veteran's service-connected residuals of meningitis-neurasthenia with weakness of the right arm were not a principal or contributory cause of his death, and denied entitlement to service connection for the cause of the veteran's death.

The Board denied service connection for Hodgkin's lymphoma, finding that the evidence did not support a link between the veteran's condition and his active military service.

The veteran's request for waiver of recovery of an overpayment of compensation benefits was not timely, as it was received more than 180 days after the notice of indebtedness.

The Board found that the evidence submitted was not new and material, thus denying the claims to reopen for service connection of the cause of death and DIC under 38 U.S.C.A. § 1318.

The veteran's claims for service connection for chronic lymphocytic leukemia and compensation under 38 U.S.C.A. § 1151 for loss of vision in the left eye were denied as there was no evidence that his conditions were related to his military service or due to VA medical treatment.

The veteran's claim for service connection for history of right pyelonephritis, recurrent urinary tract infection, and urethral stenosis, claimed as a kidney condition was reopened and granted based on new and material evidence.