Other conditions decisions — 2008

The Board has determined that the veteran does not have a current diagnosis of a respiratory disability and therefore, service connection for this condition is denied. The claims for PTSD, left leg injury, and skin rash are to be reopened as new and material evidence has been received.

The Board has granted service connection for a right medial meniscus tear and post-surgical residuals, as well as temporary total disability ratings based on convalescence following surgeries in May and November 2006. The veteran's knee disorder was found to be part of his service-connected condition.

The Board denied the appellant's claim for VA death benefits as her spouse did not have active military service that qualifies under VA regulations.

The Board found that the veteran's service-connected residuals of tender scrotal cysts, post excision do not meet or more nearly approximate the criteria for a higher rating under any applicable diagnostic codes. The current 10 percent disability rating is maintained.

The Board denied the veteran's request for waiver of recovery of a $68,833 overpayment in pension benefits due to his failure to report earned income from Social Security.

The Board denied service connection for the cause of the veteran's death due to metastatic hepatoma, finding that it was not incurred in or aggravated by service and did not contribute substantially or materially to his death.

The veteran is seeking payment or reimbursement for unauthorized medical expenses incurred at Oak Hill Hospital on December 29, 2005. The case has been remanded due to the need for clarification regarding the denial of his claim.

The veteran's thoracic spine disability is being remanded for another VA examination to determine the current level of disability. The issue remains on appeal regarding an increased rating.

The Board found that the evidence was in equipoise regarding whether the veteran's TMJ condition is related to her service, thus denying service connection.

The veteran's claim for compensation under 38 U.S.C.A. § 1151 for a necrotic bone graft infection and residuals, status post bilateral sagittal split osteotomies of the mandible was denied as there is no evidence of chronic additional disability resulting from his June 1994 surgery.

The Board has determined that a Travel Board hearing is needed for the veteran's appeal, and this case will be returned to the RO after the hearing.

The Board has remanded the case for further development due to uncertainty regarding whether any lung disability is related to service or post-service exposure to silica dust.

The Board granted a 40 percent rating for peptic ulcer disease, status post total gastrectomy, effective from September 8, 2005. The veteran's claim for higher ratings and TDIU was also granted.

The Board denied the veteran's claims for service connection for actinic keratoses and seborrheic keratoses of the hands and scalp, as well as squamous cell cancer at the dorsum of the left hand, all presumed to be due to herbicide exposure in Vietnam. The evidence did not establish a direct link between these conditions and his military service.

The Board has determined that the veteran's right hammertoe deformity is related to his military service and grants service connection for this condition.

The Board has granted service connection for chondromalacia patella with patellofemoral pain syndrome of the right and left knees, but denied any request for an increased evaluation beyond the currently assigned 10 percent ratings.

The veteran's sphincter control impairment has been manifested by extensive leakage and frequent involuntary bowel movements, warranting a 60 percent disability rating.

The Board determined that the appellant did not meet the criteria to be recognized as the veteran's surviving spouse for VA death benefits purposes due to a legal impediment and lack of valid common law marriage.

The Board found that there is no evidence of a current disability or any link between the veteran's service and his claimed residuals of a shrapnel wound to the back. The Board denied the claim for service connection.

The Board denied service connection for sickle cell trait, finding that the condition did not exist prior to military service and was not incurred therein.