Other conditions decisions — 2008

The Board has determined that the veteran's dysthymic disorder warrants a schedular evaluation of 70 percent, effective from January 2005.

The Board has reopened the appellant's claim for service connection for residuals of injuries resulting from a February 3, 1978 motor vehicle accident and is now remanding the case to further develop evidence regarding whether the claim could be allowed.

The VA has determined that the veteran's right and left acromioclavicular separations do not warrant a higher evaluation, as they are currently rated at 20 percent.

The Board has determined that the veteran's lung disease did not have its onset during active service or result from a disease or injury in service. Therefore, the claim for service connection is denied.

The Board has reopened the claim for service connection for the cause of the veteran's death due to new and material evidence submitted, including a statement from Dr. B.S.L. suggesting exposure to Agent Orange could have contributed to his esophageal cancer. However, the claim is remanded as there are concerns about the sufficiency of Dr. B.S.L.'s opinion regarding causation.

The veteran's fungal infection of the feet with deformed toenails does not meet the criteria for a compensable evaluation, as it has required no more than topical therapy in the past year and covers less than 5 percent of his total body surface or exposed areas.

The Board denied the appellant's claims for service connection for the cause of her husband's death and entitlement to Dependent's Education Assistance, finding that colon cancer is not associated with exposure to Agent Orange in Vietnam.

The Board found that the veteran's dental disability, manifested by a history of dental decay and loss of teeth, is not a disability for which VA disability compensation is payable.

The Board has denied the veteran's claims for service connection for periodontal disease and a right shoulder disability, finding that there is no evidence of dental trauma or disease such as osteomyelitis in service. The veteran does not meet the requirements for service connection for purposes of receiving VA outpatient treatment.

The case is being remanded for additional development and consideration of the accrued benefits claim.

The veteran seeks reimbursement for unauthorized medical expenses incurred as a result of emergency room treatment at Sonora Regional Medical Center on January 23, 2005. The VA Health Care System in Palo Alto denied the claim because it was determined that the veteran could have sought VA care.

The veteran's pension benefits were reduced due to reported income, but the reduction was deemed proper by the Board.

The Board has determined that new and material evidence has been presented to reopen the veteran's claim of entitlement to service connection for sterility. However, the evidence does not establish current sterility or a link between the condition and military service.

The VA denied a compensable rating for the veteran's deviated nasal septum with step-off deformity of bridge of nose, finding that it did not meet the criteria for any higher rating.

The case is being remanded for the appellant to be scheduled for a videoconference hearing before the Board at her local RO. The appeal will then proceed based on the new arrangements.

The Board denied the veteran's claim for service connection for squamous cell carcinoma of the left tonsil, finding no evidence linking it to his military service or exposure to Agent Orange.

The Board found that the overpayment of $9,526.98 was valid and granted a partial waiver in the amount of $2,508, leaving the remaining balance to be considered for future waiver.

The Board denied the veteran's application to reopen his claim for service connection for chronic brain syndrome secondary to cerebral and intracranial trauma, finding that new evidence did not raise a reasonable possibility of substantiating the claim.

The Board found that the veteran's gum disease is not related to service or his service-connected aortic stenosis, and thus denied the claim for service connection.

The VA denied payment for medical expenses incurred on November 2, 2004 at St. John's Hospital due to the treatment not being emergent and because a feasible VA facility was available.