Other conditions decisions — 2008

The veteran's appeal for an annual clothing allowance was dismissed due to his failure to timely submit a VA Form 9, Substantive Appeal.

The Board denied an increased rating for the veteran's service-connected strain and myositis of lumboparavertebral muscles, currently evaluated at 20 percent. The evidence did not show severe limitation of motion or severe lumbosacral strain.

The Board denied the veteran's claims for service connection of a right foot disorder and an increased rating for left ankle fracture residuals, finding no new and material evidence to reopen the claim for service connection. The left ankle disability is currently rated at 10 percent.

The veteran's claim for a compensable rating prior to May 22, 2002, and a rating in excess of 10 percent since that date were denied. The effective date is not specified.

The Board has determined that the veteran's service-connected residuals of a laparoscopy with adhesions do not warrant an evaluation higher than 10 percent, as her symptoms are controlled by medication.

The Board has determined that new and material evidence has been received to reopen the veteran's previously denied claims of service connection for a right inguinal hernia and prostate condition. The veteran's right inguinal hernia is found to be attributable to his period of active service, while his prostatitis and benign prostatic hypertrophy are also found to be related to his military service.

The Board denied the veteran's appeal as VA compensation in the amount of $1,325.00 was properly recouped to account for her receipt of military pay for 58 days of drill training during fiscal year 2002.

The Board denied the veteran's claims for increased evaluations and service connection on a secondary basis to his service-connected Crohn's disease. The Board found no evidence of current disabilities related to service or service-connected conditions.

The Board has denied the veteran's claims for service connection for a sinus disorder and a skin disorder in his groin area. The appeals regarding PTSD, right hip arthritis, left hip arthritis, and post traumatic left chest pain are not addressed as primary issues.

The Board has determined that the veteran's chronic periostitis/bilateral shin splints were incurred during her military service and grants service connection for this condition.

The Board denied the veteran's claim for service connection of hallux rigidus of the right great toe, finding that new and material evidence had not been submitted to reopen the claim. The decision also found that there was no evidence showing that the right great toe disability was caused or aggravated by the left great toe disability.

The veteran withdrew his appeal for service connection for periodontal disease, which was secondary to service-connected grand mal epilepsy.

The Board has determined that there is no evidence linking the veteran's current psychiatric disorder, schizoaffective disorder, to his military service. The claim for service connection is denied.

The Board denied the veteran's claim for service connection for a dental condition, finding that new and material evidence had not been submitted to reopen the claim. The decision also noted that the veteran is already eligible for treatment due to his PTSD.

The veteran's appeal is being remanded for further development and consideration of his claims, including obtaining additional medical records and scheduling a VA examination to determine the status of his service-connected left eye cancer.

The Board has determined that there is no new and material evidence to reopen the claim for service connection for a skin disorder. The veteran's underlying hepatitis C, which he alleges precipitated his skin disorder, was not service connected.

The appellant is not entitled to dependency and indemnity compensation as the helpless child of the veteran due to his marriage, which was dissolved by a divorce decree in June 2004.

The veteran's net worth of $79,700 is considered a bar to receiving pension benefits due to her reported monthly expenses exceeding her income and the expected increase in Social Security benefits.

The Board has reopened the veteran's claim for service connection for meningitis and has determined that it is related to his active military service.

The veteran died in November 2004 and was not receiving VA compensation or pension benefits at the time of his death. The Board denied non-service-connected burial benefits as he did not meet the eligibility criteria.