Other conditions decisions — 2008

The Board of Veterans' Appeals has determined that the veteran does not have a right leg disorder related to his military service and therefore denied his claim for service connection.

The veteran's illioinguinal strain, left, chronic is rated at 10 percent. Service connection for pleurisy was granted based on new and material evidence. The low back disability issue remains pending.

The Board has determined that the veteran's current thoracic spine disability is at least as likely as not attributable to service, and thus grants service connection for spondylosis of the thoracic spine.

The veteran's right ear disability was incurred during active service and is granted service connection.

The Board has remanded the case due to a need for additional VCAA notice and for the appellant to provide medical evidence regarding her husband's death.

The Board has remanded the case due to a need for a new VA examination and additional VCAA notice.

The veteran's service-connected mild chronic discopathy at L4/L5 with encroachment on both L5 nerve roots has not met the criteria for a higher evaluation since September 10, 2004.

The veteran's right knee disability, which includes a tear of the anterior cruciate ligament and degenerative joint disease, was rated at 40 percent combined from January 15, 2006, through June 27, 2007.

The Board denied the veteran's request to reopen his claim for nonservice-connected pension benefits, finding that new and material evidence had not been received since the previous denial in February 2004.

The veteran's claim for payment of medical expenses at Healthone Rose Medical Center on August 17, 2005 is being remanded due to the need for additional development and consideration of a recent opinion from his private physician.

The Board denied the veteran's claims for reopening his service connection claim for amblyopia exanopsia and for an increased rating for a fracture of the left elbow head with surgical resection radial head, finding that new and material evidence had not been submitted to reopen the former claim and that the criteria for a higher rating were not met.

The VA determined that the veteran's adjustment disorder with depressed mood does not warrant a rating higher than 30 percent, as his symptoms do not meet the criteria for a more severe disability rating.

The Board denied the motion alleging clear and unmistakable error (CUE) in a June 2007 decision that denied an increased evaluation for service-connected post-operative right inguinal hernia, finding no CUE.

The Board denied the veteran's claim for service connection for squamous cell carcinoma of the right tonsil, finding that it was not incurred or aggravated by his active duty service and could not be presumed to be so incurred due to exposure to herbicides.

The veteran's request for payment or reimbursement of ambulance costs incurred on February 5, 2007 is being remanded due to the need for a local hearing at the RO.

The Board has remanded the case for further development due to inadequate reasons and bases in its decision, including a need for additional medical opinions regarding informed consent.

The Board found no competent evidence linking the veteran's current cardiac disorder, including mitral valve prolapse, to his active duty service or a service-connected disability.

The Board has denied the veteran's claims for service connection for hiatal hernia and stomach problems other than a hiatal hernia, including gastritis. The Board found that there is no evidence linking these conditions to service.

The Board denied the veteran's request for a rating in excess of 10 percent for his service-connected right knee disability and also denied his requests to reopen previously denied claims for service connection for joint pain, urinary tract disorder, and sleep disorder.

The VA determined that the veteran's mild restrictive ventilatory impairment warrants a 10 percent disability rating, as his pulmonary function tests show FEV-1 of not less than 71 percent predicted and FEV-1/FVC of not less than 71 percent predicted.