Other conditions decisions — 2008

The Board found that the appellant knowingly submitted a fraudulent medical certificate in support of her husband's claim for VA benefits, resulting in forfeiture of any VA benefits she might have been entitled to under 38 U.S.C.A. § 6103.

The Board denied service connection for peripheral vascular disease and residuals of heart bypass surgery, finding that the veteran's conditions were not incurred or aggravated by his active duty. The evidence showed multiple instances of symptoms during inactive duty training but no direct link to service.

The Board has granted a higher initial rating of 30 percent for the veteran's service-connected chronic colitis with hiatal hernia, effective from November 10, 2005.

The veteran is seeking service connection for cholesteatoma of the right ear. He contends that this condition is a result of acoustic trauma he experienced while serving in Korea during the Korean conflict. The Board finds combat presumption applies and supports a conclusion that the veteran suffered acoustic trauma during service, which could potentially support service connection.

The veteran's appeal is remanded for additional development due to incomplete instructions in the July 2005 VA examination report.

The veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling a VA examination to determine if his current skin conditions are related to his active military service.

The veteran's Crohn's disease is currently rated at 10 percent, and his sinusitis is rated as noncompensable. The Board has granted service connection for both conditions.

The VA has granted a higher evaluation of 20 percent for the service-connected neuralgia of the long thoracic nerve, effective March 2002.

The veteran's residuals of a Staph infection, including the loss of sternal bone and chest muscles, did not result from VA negligence in providing treatment. The Board finds that the claim must be denied.

The Board found that the veteran's current bilateral foot disability was not incurred during her active duty service and denied her claim for service connection.

The Board found that the veteran's back injury and arthritis were not incurred or aggravated by service, including reserve component service. The pre-existing condition was determined to be unrelated to active duty in 1990-1991.

The Board has determined that the veteran's current respiratory disorder is not related to his military service and therefore denied his claim for service connection.

The Board denied the veteran's claims for an increased rating for his service-connected epididymitis and service connection for bilateral carpal tunnel syndrome, finding that the evidence did not support a higher disability evaluation or service connection based on direct service connection.

The veteran was granted service connection for Chronic Lymphocytic Leukemia and Special Monthly Compensation (SMC) on the Housebound criteria effective April 29, 1996. The effective date for CLL is also set to this date.

The Board is remanding the case to address whether new and material evidence has been presented to reopen the claim of service connection for residuals of a neck injury, including degenerative changes.

The Board denied the veteran's application to reopen his claim of service connection for narcolepsy with hypnogogic hallucinations, finding that new and material evidence had not been received.

The veteran's claim for nonservice-connected pension benefits was denied because his service period was less than 90 days and he did not have a disability that would justify a discharge from service.

The veteran's widow is seeking an effective date prior to August 27, 1999 for Dependency and Indemnity Compensation benefits. The case has been remanded due to the appellant wishing a Travel Board hearing.

The VA has determined that the veteran's dysthymic disorder does not meet the criteria for a higher initial rating than 50 percent.

The Board has remanded the case due to a lack of VCAA notice and for further development.