Other conditions decisions — 2009

The Veteran's claims for increased ratings for residuals of lacerations on the right hand and left hand injury were denied by the Board, with no compensable evaluations assigned.

The Veteran's claim for an initial compensable evaluation for pleural plaques, claimed as asbestosis, is being remanded due to the need for further medical examination and consideration of additional evidence.

The Board found that the evidence did not support a finding of service connection for a skin disorder or scleritis, and denied both claims.

The Board has denied the Veteran's claims for service connection for post traumatic stress disorder and dysmenorrhea, finding that there is no evidence of a current disability or in-service incurrence or aggravation.

The Veteran's claims for increased ratings for popliteal entrapment syndrome in both lower extremities and a 10 percent evaluation based on multiple noncompensable service-connected disabilities were denied. The Board found that the evidence did not support higher ratings under applicable rating criteria.

The Board denied the appellant's claim for non-service-connected death pension benefits as she was no longer considered a child due to her age and because her mother retained legal custody of her.

The Board found that the overpayment of $28,803 was not properly created due to administrative error and granted the Veteran's appeal.

The Board has determined that the Veteran's service-connected skin disability more closely approximates the criteria for a 60 percent disability rating, and thus grants restoration of this rating.

The Veteran's staph infection, identified in June 2002, pre-dated VA hospitalization or medical treatment. The Board determined that a grant of compensation pursuant to 38 U.S.C.A. § 1151 for accrued benefits purposes is not warranted.

The Board has determined that new and material evidence has not been presented to reopen the claim of service connection for ligament injuries of the legs. The claim is therefore denied.

The Board dismissed the appeal due to the death of the appellant.

The Board has reopened the Veteran's claim of service connection for lung disability and found new and material evidence. However, it denied service connection due to lack of a nexus between current hearing loss disability and service.

The Veteran's claims for educational benefits under Chapters 30, 1606, and 1607 of Title 38 and Title 10 have been denied due to lack of eligibility based on the termination of his eligibility in the Selected Reserve.

The Board has remanded the case for additional development to obtain relevant medical records and conduct examinations. The Veteran's claims for service connection and increased rating will be reconsidered based on the new evidence.

The Veteran's claim for service connection for arthritis in his toes was denied, and the initial rating of 30 percent for aphakia of the left eye was also denied. The Veteran does not have arthritis in his toes from a disease or injury incurred in service. His left eye condition is rated at 30 percent based on impairment of visual acuity.

The Board denied service connection for a right eye vision disability and a right knee disorder, finding that the Veteran does not have evidence of such conditions related to his military service.

The Board found no evidence to support the Veteran's claim that his pulmonary embolism was caused by service or a service-connected condition, and thus denied the claim.

The Board found that the Veteran's malaria is not active and did not grant a compensable disability rating. The claim for service connection of anemia, to include as secondary to malaria, was also denied.

The Board has determined that the original grant of service connection for residuals of thoracic fusion with scoliosis was clearly and unmistakably erroneous, and thus severed.

The Board denied the appellant's claim to reopen her service connection for cause of death, finding that new and material evidence had not been submitted.