Other conditions decisions — 2009

The Board has determined that the Veteran's bronchial disability was not incurred during his military service and is not related to any incident therein. As a result, the claim for service connection for a bronchial disability is denied.

The Board has determined that the Veteran's service-connected genital herpes does not warrant a compensable initial evaluation, as it affects less than five percent of exposed areas and one percent of the entire body.

The Veteran's service-connected residuals of left eye chorioretinitis due to trauma are currently rated as 10 percent disabling, effective from November 2004.

The Board found that the Veteran's service-connected disabilities did not cause or contribute substantially to his death. Additionally, he was not rated as totally disabled continuously for at least five years from separation and thus, DIC under 38 U.S.C.A. § 1318 is denied.

The Board has found the evidence currently of record sufficient to establish the appellant's entitlement to the benefit sought on appeal and therefore, service connection for vertigo (claimed as dizziness) is granted.

The Board found that the Veteran's chronic synovitis of the right elbow was not incurred or aggravated by service, and denied his claim.

The Board has ordered the RO to arrange for a VA examination and review of medical records to determine if the Veteran's pitting edema is caused by service or his service-connected hypertension. The case will be remanded for further development.

The Board has determined that new and material evidence has not been submitted to reopen the Veteran's claim regarding whether his discharge from service was under dishonorable conditions, thus denying the reopening of the claim.

The Board has ordered the VA to obtain additional medical records and an updated opinion regarding whether the Veteran's tarsal tunnel syndrome is related to his service-connected diabetes mellitus. The case will be remanded for further development.

The Veteran's claim for special monthly pension based on the need for regular aid and attendance of another person or by reason of being housebound has been dismissed due to the death of the appellant.

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

The Veteran's claim for service connection for a chronic cough, including as secondary to asbestos exposure, is being remanded due to the need for additional medical examination and development of records.

The appellant is a child of a Vietnam Veteran and has been diagnosed with spina bifida, which the Board found not to be of the occulta-type. The claim for benefits under 38 U.S.C.A. § 1805 is granted.

The Veteran's appeal involves a request for higher initial ratings following the grant of service connection for pseudotumor cerebri with loss of visual field. The RO has rated his condition under Diagnostic Code 6080, evaluating impairment of field of vision. The Veteran is entitled to a new VA examination due to a reported worsening of his condition since the last VA examination in March 2005.

The Board found that the Veteran's right eye conjunctivitis, with symptoms of recurrent conjunctivitis, conjunctival scarring, aching, photophobia, tearing, irritation, and foreign body sensation, does not warrant a rating in excess of 10 percent.

The Veteran's claim for service connection for residuals of a cold injury is being remanded due to the need for a VA examination and updated medical records.

The Board has determined that there is no evidence of a current left arm disability and the Appellant did not have any left arm injury during service. Therefore, the claim for service connection for a claimed left arm injury was denied.

The Veteran's service-connected seizure disorder is found to have caused a partial loss of taste and smell, which are considered secondary to the service-connected condition.

The Board has determined that the Veteran's overpayment of disability compensation and individual unemployability benefits should be waived for the period beginning April 12, 2003. The decision is based on the factors of equity and good conscience.

The Board denied the Appellant's application to reopen her claim of service connection for the cause of the Veteran's death, finding that no new and material evidence had been presented.