Other conditions decisions — 2003

The VA has determined that the appellant's arthritis of the thoracic spine does not warrant a rating higher than 10 percent.

The veteran died in October 2000 and did not meet the legal requirements for burial benefits, including plot allowance and transportation expenses.

The Board denied the appellant's claim for service connection for leukopenia, finding that it is not a disease or injury and thus cannot be granted.

The VA determined that the current medical evidence does not clinically confirm the presence of shin splints, and therefore denied service connection for bilateral shin splints.

The Board granted evaluations of 20 percent for the veteran's right foot and left foot cold injury residuals, effective as of January 27, 1998.

The VA denied the veteran's claim for compensation under Section 1151 of Title 38, U.S. Code, for loss of sight in his left eye due to multiple failed surgeries related to diabetic retinopathy.

The Board has determined that the veteran does not have current disability from gouty arthritis or an eye disorder incurred during his active military service, and therefore denied both claims.

The Board has granted a 10 percent rating for the veteran's residuals of gunshot wound to the abdomen, with residual scars and injury to Muscle Group XIX. The claim for increased ratings for the other conditions remains pending.

The Board has denied the appellant's request for a waiver of recovery of VA loan guaranty indebtedness in the amount of $9,854.77.

The Board denied an increased evaluation for the veteran's GSW of the left leg, finding that his condition did not warrant a rating higher than 10 percent.

The veteran's claim for an increased rating for left hydrocele with hydrocelectomy was denied as there is no evidence showing that the condition is of sufficient severity to warrant a higher evaluation. The veteran's claim for special monthly compensation based on loss of use of a creative organ was also denied.

The Board denied the appellant's claim for VA benefits other than those authorized by Chapter 17, finding that his discharge was under dishonorable conditions due to willful and persistent misconduct. However, a medical opinion established that he may have been insane at the time of his offenses.

The Board has determined that the veteran's exertional compartment syndrome of the anterior and lateral muscular compartments involving the lower extremities was incurred during active duty, warranting service connection.

The Board found that the veteran's death was not caused or contributed to by any service-connected disability, including post-traumatic stress disorder. The evidence did not support a finding of causation.

The Board has jurisdiction to consider the March 1998 decision denying compensation under 38 U.S.C.A. § 1151 for TURP residuals, including loss of use of a creative organ. The veteran's peptic ulcer disease with chronic gastrointestinal disorder is rated at 60 percent from January 24, 1999.

The Board has determined that the veteran's generalized joint pain, which began during her service in Southwest Asia and is related to her military service, qualifies for service connection due to an undiagnosed illness.

The Board has determined that the veteran's right elbow tendinitis warrants a 30 percent rating, effective from the date of the initial award of service connection.

The veteran's claim for a temporary total evaluation based on treatment of his service-connected left thumb fracture requiring convalescence was denied by the Board as he did not meet the one-month requirement under VA regulations.

The Board has determined that the veteran's service-connected psychiatric disorder caused his nicotine dependence, which in turn led to chronic obstructive pulmonary disease (COPD). Therefore, the claim for service connection for a pulmonary disability is granted.

The VA has granted an increased evaluation of 10 percent for the veteran's service-connected left inguinal hernia, effective from December 1, 2000.