Other conditions decisions — 2008

The Board has ordered a remand due to conflicting evidence regarding the etiology of the veteran's disabilities, including joint pain, muscle pain, memory loss, and fatigue. The case is being returned for further development.

The Board has granted service connection for defective vision on the basis of aggravation during service.

The Board denied the reopening of the claim for service connection for a bilateral foot disability due to lack of new and material evidence.

The Board denied a rating in excess of 40 percent for the veteran's residuals of a herniated nucleus pulposus at L5-S1, finding that there was no evidence of pronounced disc disease with persistent symptoms compatible with sciatic neuropathy.

The veteran's appeal is being remanded for additional examination and consideration of his service-connected bilateral gouty arthritis, including treatment records from May 2006 to the present. The claim will be readjudicated after these actions.

The Board found that the veteran's right Achilles tendon rupture was not caused by VA care, and thus compensation under 38 U.S.C.A. § 1151 is denied.

The Board denied the veteran's claims for increased evaluations for residuals of a fracture to his first proximal phalanx (thumb) and residuals from a skull fracture, finding that the evidence did not support assignment of compensable ratings.

The Board denied the veteran's request for a waiver of his loan guarantee indebtedness, finding that recovery would not be against equity and good conscience.

The Board denied an initial rating in excess of 20 percent for the veteran's service-connected residuals of a right eye injury with traumatic maculopathy, finding that the evidence did not support such a higher evaluation.

The Board denied the veteran's claims for service connection for bilateral eye disorders and stomach disability, finding no causal relationship to his periods of active military service. The hypertension claim was also addressed but as it pertained to an initial evaluation, which is not directly related to service connection.

The Board has determined that the veteran's pre-existing allergic reaction to bee and wasp stings did not undergo a permanent increase in severity during service, thus denying his claim for service connection.

The Board denied service connection for a skin disorder and a visual disorder, finding no competent evidence linking these conditions to service or the veteran's diabetes mellitus.

The Board found that the veteran's respiratory disorder did not originate in service or until many years thereafter, and is not otherwise related to service. As a result, the claim for service connection was denied.

The Board found no evidence of heart disease during service or within the presumptive period, and thus denied service connection for the cause of death.

The Board has determined that the veteran's tendonitis of the right hip is the result of her active military service and granted service connection for this condition.

The Board has determined that the sensory loss of the face/cheek is not caused or aggravated by the service-connected bilateral otoplasty, and thus denied the claim for service connection.

The veteran's non-service-connected pension benefits were suspended due to her incarceration, as the law and regulations do not allow for such payments during imprisonment.

The Board denied a rating in excess of 10 percent for the veteran's service-connected right shoulder impingement syndrome, finding that the current evaluation accurately reflects the severity of his condition.

The veteran's claims for increased ratings for bilateral knee disabilities, service connection for hearing loss, and an earlier effective date for tinnitus were all granted. The RO assigned a 10 percent rating for each of the veteran's knees under DC 5257 (recurrent subluxation or lateral instability). Separate 10 percent ratings are also granted for arthritis in each knee.

The Board has determined that there is no credible evidence of gout during service or for many years after, and no competent or credible evidence linking the veteran's current gout to his periods of active military service. As such, the claim for service connection for gout is denied.