Other conditions decisions — 2009

The Board finds that the preponderance of the evidence is against a finding that the Veteran's diagnosed lumbar spine strain and mild arthritis are related to his service. The claim for service connection for a back disability is denied.

The Board has determined that the Veteran's conjunctivitis does not meet the criteria for a compensable evaluation any time during the appeal period, as there is no current active conjunctivitis or residuals of conjunctivitis. Therefore, an increased evaluation is denied.

The Veteran's appeal is remanded for additional development, including a VA examination to assess the current severity of his service-connected left hip dysplasia.

The VA determined that the Veteran's essential hypertension or any chronic hypertensive cardiovascular disease did not develop in service or until years thereafter and is not related to anything of service origin.

The Veteran's claims for service connection for a stomach disorder were denied in January 1967 and February 2007. The Board found no clear and unmistakable error in the January 1967 decision, but dismissed the May 2007 claim of CUE regarding the February 2007 rating decision as it was not final at that time.

The Board denied the appellant's claim for VA benefits due to a lack of verified service in the United States Armed Forces.

The Board found no evidence of typhus during service or a current diagnosis, thus denying the Veteran's claim for service connection.

The Board found that the Veteran's squamous cell carcinoma was not incurred in or aggravated by active military service and may not be presumed to have been so incurred, to include as due to Agent Orange exposure.

The Veteran's claim for residuals of a head injury was denied as there is no evidence of current disability or service connection. The claims to reopen the right knee, bilateral pes planus, jungle rot of the feet, and thyroid condition were also denied due to lack of new and material evidence.

The Board denied the appellant's request to reopen his claim for revocation of forfeiture, finding that new and material evidence had not been submitted. The original decision was based on evidence suggesting fraud in the appellant's claims.

The Board has determined that the Veteran's residuals of a fractured right tibia and fibula do not meet the criteria for a compensable rating under any applicable diagnostic code.

The Board has remanded the case due to procedural issues and requests for clarification from the Veteran regarding his representative and a Travel Board hearing.

The Board denied the appellant's claim for nonservice-connected disability pension as his service in the Philippine Commonwealth Army, including recognized guerrillas, was not certified by the appropriate military authority.

The Veteran is seeking compensation under 38 U.S.C.A. § 1151 for vision loss following a cataract extraction with posterior chamber intraocular lens implantation at a VA medical facility in September 2005. The Board finds that an examination is necessary to determine the nature and etiology of his left eye disability.

The Veteran's claims for service connection for angina pectoris and a chronic skin disability, both claimed as due to mustard gas exposure, were denied. The Board found no evidence of current disabilities or medical nexus between the conditions and service.

The Board denied the appellant's claim for payment or reimbursement of unauthorized private medical expenses incurred from January 6, 2008 to January 9, 2008 due to lack of legal merit and/or lack of entitlement under the law.

The Veteran's right knee disability, characterized by pain, crepitus, and limited motion to 80 degrees of flexion with no instability or joint laxity, does not warrant an evaluation in excess of the current 10 percent rating.

The Veteran's appeal is being remanded for additional development, including a new VA examination to assess the severity of his low back disability and determine if there are any incapacitating episodes due to intervertebral disc syndrome.

The Board denied the appellant's claim for waiver of recovery of an overpayment of VA pension benefits, finding that the appellant was at fault in creating the overpayment and denying recovery due to the lack of financial hardship.

The Board has determined that the Veteran's pre-service thoracic spine disorder was aggravated by active service, and thus grants service connection for a thoracic spine disorder.