Other conditions decisions — 2003

The Board has determined that the veteran's service-connected right and left foot disabilities do not warrant a higher rating as they are currently evaluated at 20 percent.

The VA determined that the veteran's service-connected postoperative residuals of a thoracotomy, status post resection of a pseudo-aneurysm do not warrant an increased rating beyond the current 20 percent assigned.

The Board has granted the veteran's claim for restoration of a total disability rating based on individual unemployability due to service-connected disability (TDIU) for the period from January 1, 1990, to April 7, 2000.

The Board has determined that there is additional development of the case, as set forth below, that must be accomplished prior to review by the RO.

The Board denied the veteran's claim for an increased rating above 40 percent for urticaria on an extraschedular basis, maintaining a current 40 percent schedular rating.

The Board denied the veteran's claim for an initial evaluation in excess of 10 percent for ptosis of the left eye with mild visual field deficit, finding that the current disability picture did not meet the criteria for a higher rating.

The Board denied the veteran's claim for service connection of residuals of a skull fracture, finding no evidence that the condition was incurred or aggravated during his military service.

The Board dismissed the appeal due to the Director's declaration of forfeiture against the appellant, which rendered moot the original issue of service connection for the cause of the veteran's death.

The Board has granted a 10 percent evaluation for each of the veteran's left and right tibial periostitis/shin splints, based on the presence of pain on use.

The Board found that the veteran's current bicipital tendonitis and degenerative changes of the right shoulder are not proximately due to or the result of his service-connected residuals of excision of fatty tumor, right shoulder. The evidence did not support a finding that these conditions were incurred in service.

The Board denied an increased rating for the veteran's residuals of a fracture of the L-1 vertebra, currently rated as 20 percent disabling.

The veteran's left foot compression callus is rated at 10 percent disabling, as it does not cover more than 20% of the entire body or exposed areas and does not require systemic therapy such as corticosteroids for six weeks or more during the past 12-month period.

The veteran is seeking service connection for chronic lymphocytic leukemia, claimed as secondary to exposure to ionizing radiation in service. The case must be referred to the Under Secretary for Benefits under 38 C.F.R. § 3.311(c) for an opinion on whether sound scientific medical evidence supports the conclusion that it is at least as likely as not that the veteran's disease resulted from radiation exposure during service.

The veteran's appeal for increased evaluations for his service-connected left foot disability was denied. The RO granted service connection and assigned a 10 percent evaluation, effective from April 23, 1998, but denied an evaluation greater than 10 percent.

The veteran's appeal has been dismissed due to his death, and the Board has no jurisdiction to adjudicate the merits of this claim.

The veteran's appeal has been dismissed due to his death, and the issues are no longer in a jurisdictional state.

The Board denied the appellant's claim for DIC benefits, finding that her claim was barred by law as a 'hypothetical entitlement' claim. The veteran had no service-connected disability at the time of his death and did not file any claims during his lifetime.

The Board has remanded the case due to failure to fully satisfy the duty to notify and assist under the Veterans Claims Assistance Act of 2000. The veteran's claim for service connection for a gastrointestinal disorder will be reconsidered by the RO.

The Board has remanded the case to reconsider the veteran's claim for an increased rating for chorioretinitis and evisceration of the left eye, taking into consideration all evidence added since the last decision.

The Board found no evidence to support a connection between the veteran's varicose veins and service, thus denying his claim.