Other conditions decisions — 2008

The Board denied the veteran's claims for service connection for an anal fistula and a left hip disorder, finding that new evidence did not reopen the claim for anal fistula and that there was no medical evidence linking the current hip disorder to military service.

The Board has remanded the case for additional development due to a lack of inpatient records from specific hospitals where the veteran received treatment. The claims will be reconsidered based on this new information.

The veteran's dysthymic disorder is rated at 50% since June 28, 2006. The postoperative residuals of a herniated nucleus pulposus at L4-5 on the right are currently rated at 40%. A TDIU was granted effective from June 28, 2006.

The Board denied the veteran's claim for an increase in the evaluation of his service-connected right foot disability, finding that the evidence did not support a higher rating.

The Board denied the veteran's claims for increased ratings for his right forearm and left thigh shell fragment wounds, finding that the evidence did not meet the criteria for a higher rating under applicable VA regulations.

The Board has determined that the veteran's service-connected neurogenic bladder warrants a rating of 40 percent, effective from March 24, 2007. The claim for an increased initial rating is denied.

The Board found that the veteran's prostate disability and skin disability, including as secondary to Agent Orange exposure, were not incurred in or aggravated by his military service. The arthritis of the knees was also denied.

The veteran seeks eligibility for VA educational assistance benefits under the Montgomery GI Bill. The Board has remanded the case due to incomplete service records and needs clarification on whether the appellant was released from active duty for further service in a reserve component of the Armed Forces after honorable service.

The Board of Veterans' Appeals (Board) found that the overpayment of educational assistance benefits in the amount of $886.50 was properly created and denied the veteran's appeal.

The Board is remanding the case to allow for a video conference hearing and further review of the claim.

The Board has determined that the veteran's skin disorder of the right foot is not related to his military service and denied his claim for service connection.

The veteran's appeal for an earlier effective date for additional compensation for dependents was denied because he failed to provide the necessary information about his dependent spouse and children within one year of receiving notification from VA.

The Board found that an overpayment of VA compensation benefits for dependent spouse was properly created and denied the veteran's appeal.

The Board has determined that a VA examination is needed to determine if the veteran's current right elbow disorder is related to service, including as due to injury received in a motor vehicle accident in December 1974. The case will be returned for further action.

The Board found that the veteran does not have a left arm, lung, or eye disability that is attributable to his active military service and did not find any evidence linking these disabilities to his service-connected diabetes mellitus. Therefore, service connection for these conditions was denied.

The Board denied the veteran's claim for service connection for a skin disorder, finding that there was no evidence linking his current condition to his military service or herbicide exposure.

The Board has remanded the case for additional development, including obtaining updated medical records and arranging for a VA examination to determine the current severity of the veteran's service-connected histoplasmosis.

The veteran's claim for a higher rating for prostate cancer residuals was denied, and his claim for service connection for peripheral neuropathy of the bilateral lower extremities secondary to lumbar spine disability was also denied.

The Board has determined that the appellant's character of discharge from his military service is dishonorable due to felony convictions, and thus he does not qualify as a veteran for VA benefits. As a result, he is not eligible for health care or other VA benefits authorized under Chapter 17.

The Board found that the veteran's service-connected fibrous cortical defect of the left leg does not meet or approximate the criteria for a rating in excess of 10 percent.