Other conditions decisions — 2009

The January 1992 rating decision denying service connection for a mental illness was based on clear and unmistakable error, as the RO failed to apply the presumption of soundness. The decision is revised to grant entitlement to service connection for a mental illness.

The Veteran requested a central office hearing before a member of the Board in Washington, D.C., but due to scheduling issues, the case is being remanded for an alternative location at the RO in St. Petersburg, Florida.

The Board denied service connection for dysphagia and difficulty swallowing as it was determined that the Veteran's dysphagia is a symptom without an underlying disability.

The reduction of the appellant's VA compensation benefits due to incarceration was not proper and should be reinstated.

The veteran's evaluation for status post radical prostatectomy was denied as the criteria for a rating higher than 20 percent were not met.

The Veteran's claim for service connection for dental trauma was denied as there is no evidence of in-service dental trauma involving the four front teeth, and the cavities noted at entry were filled prior to discharge. The teeth were crowned due to decay from existing cavities.

The Veteran's residuals of a left hamstring injury with medial meniscus tear and paresthesias of the left lower leg more closely approximate severe muscle impairment, warranting a 40 percent rating.

The Board denied service connection for a left elbow disorder, including residuals of a fracture to the left elbow, as it was found that the Veteran's pre-existing condition was not aggravated by his military service.

The appeal for an increase in the amount of apportionment of the Veteran's disability benefits was denied due to legal requirements regarding the adoption of the children.

The Veteran's right middle finger scar is painful on examination, warranting a 10 percent rating.

The Board denied the appellant's claims to reopen the issues of entitlement to service connection for residuals of a back injury, neck injury, right hip injury, and left hip injury as new and material evidence was not submitted.

The Board denied the Veteran's claim for an earlier effective date for a total disability evaluation based on individual unemployability due to service-connected disorders, as it was not factually ascertainable that he was unable to obtain and maintain substantially gainful employment prior to March 30, 2004.

The Veteran's sleep disturbance is a manifestation of service-connected CFS and not a separate disability.

The Board remands the matter for further evidentiary development, specifically to obtain medical records from the Oklahoma City VA Medical Center.

The appeal is remanded to the RO for further development, including obtaining SSA records.

The Board denied the Veteran's claim for service connection for a pulmonary condition, claimed as due to asbestos or herbicide exposure, as there was no evidence of a current diagnosis of such a condition.

The appeal is remanded to the RO for further development and adjudication of the Veteran's claims.

The appeal is remanded to the Agency of Original Jurisdiction for additional development, including a new VA examination.

The appeal of the question of whether a notice of disagreement to the rating decision of December 2002 by RO, denying the application to reopen the previously denied claim of service connection for residuals of pneumonia, is dismissed.

The Board denied an effective date prior to April 11, 2003 for a total rating based on individual unemployability due to service connected disabilities (TDIU) as the Veteran did not meet the threshold requirements and there was no evidence of unemployability prior to that date.