Other conditions decisions — 2009

The Board denied the Veteran's claim for service connection for somatoform pain disorder, concluding that his current condition is not related to any in-service complaints or treatment.

The Veteran's service-connected left thumb disability has been manifested by MRI confirmed torn ulnar collateral ligament and X-ray-evidenced arthritis with less than compensable limitation of motion. The gap between the thumb pad and fingers is within normal limits, and there is no evidence of ankylosis or other pathology that would warrant a higher rating.

The Board has determined that there is no evidence to support the Veteran's claims for service connection of left foot disorder, right foot disorder, restless leg syndrome, and Achilles tendonitis. The preponderance of the evidence does not establish a link between these conditions and his military service.

The Veteran's service connection claim for the residuals of a mandible fracture, including temporomandibular joint dysfunction, was denied as there are no chronic residuals of the injury.

The Board found no evidence of a chronic back disability in service and concluded that the Veteran's current IVDS is not related to his military service.

The VA has granted an initial 10 percent evaluation for service-connected basal cell carcinomas (BCC) of the forehead, effective September 28, 2005. Prior to this date, the scars did not meet criteria for a compensable rating.

The Veteran is seeking service connection for a residual penile deformity following a partial penectomy. The Board has determined that additional development, including obtaining an addendum to the June 2004 VA examiner's report, is needed.

The Veteran's service-connected shrapnel wound of the left thigh, with status post surgical removal of fragments and scarring, is evaluated as a moderate muscle disability. The Board finds that the current 10 percent evaluation adequately reflects the severity of his condition.

The Board has remanded the case due to the need for verification of additional periods of active service and a VA examination to determine if the appellant has any disability from residuals of his vasectomy in 2002.

The Board denied the appellant's request for an earlier effective date of April 25, 2000 for the grant of service connection for the cause of the Veteran's death. The decision stated that the earliest possible effective date was one year prior to the date of receipt of the appellant's reopened claim.

The Veteran's panic disorder is currently rated at 10 percent, and the Board finds that a higher 30 percent rating is warranted based on his symptoms of frequent panic attacks and occasional periods of inability to perform occupational tasks. The right foot bunion and shoulder/elbow disabilities are not service-connected.

The Veteran withdrew his appeal regarding the issue of validity of debt to the Government for compensation overpayment.

The Board has remanded the case for additional development, including obtaining medical records and authorization from the Veteran to obtain his service treatment records.

The Board found that the overpayment of $1,550 in death pension benefits was properly created due to the appellant's failure to report her son's receipt of Social Security benefits. The Board also determined that recovery of this debt would not violate principles of equity and good conscience.

The Board has determined that the Veteran's current left foot disability is not related to his military service and therefore denied his claim for service connection.

The Board found that the Veteran's death was not caused by a service-connected disability, and thus denied the claim for service connection for the cause of the Veteran's death.

The Board found that the Veteran's claimed claustrophobia was not incurred in or related to his military service and denied his claim for service connection.

The Board finds that the Veteran's death was not caused by a service-connected disability or due to VA medical care, and thus service connection for cause of death is denied. The appellant's claim for DIC benefits under 38 U.S.C.A. § 1151 is also denied.

The Board has remanded the case due to a lack of a hearing, and the Appellant's request for a Travel Board hearing.

The Board has ordered the case to be remanded for additional development, including obtaining medical records and providing a VA examination.