Other conditions decisions — 2008

The Board denied the veteran's claim for an increased evaluation for partial amputation of the distal phalanx, left middle finger, finding that there was no evidence of metacarpal resection or loss of bone. The disability did not warrant a higher rating under any applicable diagnostic code.

The Board has remanded the case due to missing service medical records and confusion regarding the veteran's address. The claim will be reconsidered after these issues are resolved.

The Board has determined that additional development is necessary prior to the adjudication of the veteran's claims, including a VA examination for peptic ulcer disease and stomach cancer, postgastrectomy dumping syndrome. The issues include whether new and material evidence sufficient to reopen a claim for service connection for peptic ulcer disease has been received, entitlement to service connection for PTSD, and entitlement to service connection for stomach cancer, postgastrectomy dumping syndrome, as secondary to peptic ulcer disease.

The veteran's skin condition was rated at 60 percent effective August 30, 2002. The Board denied an increased rating prior to that date.

The Board found no evidence of a chronic left hip disorder during service and denied the claim for service connection.

The veteran's claim for an increased evaluation of his bilateral orchitis was denied. His request to reopen a previously denied claim of service connection for depression and anxiety, as well as his claims for increased evaluations of his seizure disorder and cluster headaches, were also denied. The TDIU claim is pending.

The Board has remanded the case for additional development due to incomplete examination findings and new evidence submission.

The veteran's service medical records do not show that he was treated for heart symptoms during his less than two months of service, and there is no competent evidence to show that the veteran has a heart condition related to his service. The Board finds that the preponderance of the evidence is against the claim.

The veteran's daughter is a minor who has reached the age of majority. The veteran receives VA compensation for his service-connected disability, and he pays child support to his ex-wife as stipulated by court orders. The Board finds that requiring an apportionment would cause undue hardship on the veteran's household.

The Board denied the veteran's claims for service connection for a dental condition and an initial evaluation in excess of 0 percent for hypertension. The veteran did not meet the criteria for service connection for a dental condition, as his condition was not compensable or eligible for treatment purposes under VA regulations. For hypertension, the evidence showed that while the veteran had high blood pressure readings, they were controlled with medication and there was no indication that the hypertension itself required an initial evaluation in excess of 0 percent.

The Board denied service connection for the cause of death in June 2002. The appellant filed a motion for reconsideration, which was denied by the Board. In November 2003, the appellant applied to reopen the claim and received service connection based on new and material evidence effective from January 11, 2004. The RO then assigned an effective date of June 24, 2003, for the reopening of the claim.

The Board has reopened the claim of service connection for cause of death due to new and material evidence. However, it was determined that there is no medical evidence linking the veteran's cause of death to his military service or exposure to herbicides.

The Board denied the appellant's claims for service connection for the cause of the veteran's death, and for accrued benefits. The claim for nonservice-connected death pension benefits was also denied due to the veteran not having qualifying service.

The veteran's service-connected abdominoplasty resulted in identifiable disabling residuals, and the Board has granted service connection for these residuals.

The veteran's adjustment disorder is currently evaluated at 50 percent, and the Board finds that this evaluation adequately reflects his symptoms.

The Board denied the veteran's claim for waiver of recovery of an overpayment of Improved Pension benefits in the amount of $7,799.00 due to his failure to provide proof of medical costs he claimed during 2002 and because collection would not result in undue hardship or unjust enrichment.

The Board denied an earlier effective date for the grant of service connection for paroxysmal nocturnal hemoglobinuria with aplastic anemia, finding that no legal basis existed to award such a date.

The veteran's application for enrollment in the VA medical healthcare system was denied as he does not meet the eligibility criteria due to his income exceeding the low-income threshold and because he is not eligible for priority group 7 or 8.

The veteran's claims for financial assistance in acquiring specially adapted housing and purchasing an automobile or other conveyance were denied as a matter of law due to the absence of prior eligibility certificates.

The Board denied the appellant's appeal because her Notice of Disagreement to a January 2003 denial of service connection for the cause of the veteran's death was not timely filed.