Other conditions Board decisions

The Board denied increased ratings for the residuals of right and left bunionectomies, finding that the current 10 percent ratings are appropriate given the veteran's asymptomatic hallux valgus condition.

The Board has determined that the veteran's post-operative intervertebral disc syndrome warrants a 50 percent rating, effective from the date of this decision.

The Board has remanded the veteran's claim for further development due to missing records from his recent treatment at Sun Coast Pain Management clinic in Ocean Springs, Mississippi.

The Board has reopened the appellant's claim for VA death benefits as a surviving spouse, but denied the claim due to her marriage being illegal and void under Philippine law.

The Board has granted service connection for dysphagia as secondary to the veteran's service-connected residuals of a gunshot wound to the chest. The rating assigned is noncompensable (0 percent).

The veteran's herpes simplex virus type 1 is considered to have begun during his military service and the Board has granted service connection for this condition.

The Board has determined that the veteran's service-connected costochondritis and bilateral ingrown toenails do not warrant a rating in excess of the current noncompensable ratings.

The veteran does not have an abdominal growth that is the result of disease or injury incurred in or aggravated by active military service.

The Board denied service connection for bilateral hip arthritis, but granted service connection for multiple joint arthritis with an effective date prior to January 27, 2000. The veteran's claim of service connection for bilateral hip arthritis was not granted.

The veteran's squamous cell carcinoma of the left tonsil is being remanded for further development, including obtaining tissue blocks used in pathology studies.

The Board denied the veteran's claims for an increased disability rating for his service-connected T-5 fracture and for service connection for numbness of the hands and arms, finding that there was no new evidence to reopen a previously denied claim for cardiovascular condition, and noting that the veteran had not appealed issues regarding cervical spine fractures or entitlement to service connection for residuals of a cervical spine fracture.

The Board denied the appellant's claim for recognition as the veteran's surviving spouse, finding that she did not meet the legal requirements due to her failure to establish a valid marriage with the veteran.

The Board has remanded the case for scheduling a Travel Board hearing.

The Board denied the appellant's request for a waiver of recovery of an overpayment of VA disability compensation benefits, finding that the appellant was at fault in creating the overpayment due to his failure to notify VA promptly of his incarceration and accepting benefits he was not entitled to. The Board concluded that collection would not be against equity and good conscience.

The Board denied the veteran's claim for a higher rating for her Crohn's disease, finding that the evidence did not support a higher evaluation based on numerous attacks per year and malnutrition.

The Board has denied the veteran's claim to reopen his service connection for bilateral eye disability as no new and material evidence was submitted.

The Board has determined that the veteran's dental disorder is not service-connected for VA compensation purposes due to missing or damaged teeth. However, if the loss of teeth was due to trauma or disease such as osteomyelitis, service connection can be established. The case is being remanded to provide the veteran with a VCAA letter and allow him to submit any relevant evidence.

The Board denied the veteran's request to reopen his previously denied claim of service connection for defective hearing, finding that the submitted evidence was not new and material.

The veteran's claim for service connection is being remanded due to the need for a dose estimate and an opinion from VA's Undersecretary for Health regarding radiation exposure in service.

The veteran's left scapula fracture and thoracic spine arthritis are rated at 10 percent each. A staged 20 percent rating is granted for the left scapula fracture effective from December 21, 2004. The thoracic spine disability remains at 10 percent.