Other conditions decisions — 2008

The Board denied the veteran's claim for service connection for a healed calcified granuloma of the left lung, finding no current disability resulting from this condition.

The veteran's right leg and inguinal problems, diagnosed as persistent ilioinguinal, genitofemoral, and iliohypogastric neuralgias, are found to be the result of carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault on the part of VA medical providers during his June 1997 VA surgical repair of a right inguinal hernia. These conditions were not foreseeable consequences of the surgery.

The Board has remanded the case for additional development, including obtaining an opinion on whether the veteran's preexisting polio disability permanently increased in severity due to his active service.

The Board denied the veteran's claim for an increased initial evaluation for his ascending aortic aneurysm, finding that the evidence did not support a compensable rating.

The case is being remanded for further development and readjudication due to the need for additional information regarding eligibility for payment or reimbursement of unauthorized medical expenses.

The Board has denied the veteran's claims for service connection for defective vision, as refractive error of the eyes is not a disease or injury within the meaning of applicable legislation providing VA compensation. The other issues were also denied.

The Board has denied the veteran's claim for service connection for a right eye disability, finding that there is no current disorder of the right eye for which he may be service-connected.

The Board has remanded the case for further development due to insufficient notice of evidence and information required to support the veteran's claim for an increased rating for residuals of a fractured left ring finger.

The Board is remanding the case to ensure VCAA compliance and address procedural issues related to reopening a claim for nonservice-connected disability pension benefits.

The Board denied service connection for bilateral Achilles tendonitis, finding no evidence of the condition in service and noting that it developed years after discharge. The claim for shin splints was also denied as there was no evidence of a current disability.,However, new VA treatment records received since January 1997 suggest the veteran may have a chronic shin disorder, which is considered new and material evidence to reopen his claim.

The veteran's claim for an initial compensable evaluation for service-connected sexual dysfunction has been denied as there is no evidence of deformity or loss of erectile power, which are required for a compensable rating under the applicable VA Schedule for Rating Disabilities.

The veteran's claim for an increased rating for residuals from traumatic injury, left ear, neck, right shoulder, and back was denied. The Board found that the medical evidence did not show any scars related to these conditions. As a result, the claim for an evaluation in excess of 10 percent for this condition is denied.

The Board denied the appellant's claim for improved death pension benefits beyond April 1, 2002 due to her income exceeding the maximum applicable limit.

The VA denied a rating in excess of 30 percent for vision impairment, as only the right eye is aphakic and the left eye has corrected visual acuity of 20/25. The veteran's employment was not restricted due to his vision impairment.

The veteran died from astrocytoma, a radiogenic disease. The claim is being remanded for further development under the provisions of 38 C.F.R. § 3.311 due to exposure in service.

The veteran's bruxism and myofascial pain syndrome were found to be incurred in service. The VA determined that the veteran's restrictive lung disease warrants a 10 percent disability rating.

The VA denied the veteran's claim for a rating in excess of 10 percent for his service-connected patellofemoral derangement of the right knee, finding that the evidence did not show moderate impairment due to recurrent subluxation or lateral instability. The VA also found no compensable limitation of flexion.

The Board denied the appellant's claim for basic eligibility for VA disability benefits due to insufficient evidence of his claimed service.

The veteran's claim for an initial evaluation in excess of 10 percent for residuals of a stab wound of the right lateral thigh is being remanded due to the need for additional development, including obtaining medical records and conducting a VA examination.

The Board denied the appellant's request for a higher apportionment of the veteran's benefits on behalf of their child, finding that an increase beyond $225 per month would cause undue hardship to the veteran.