Other conditions decisions — 2005

The Board is remanding the case to the RO for initial consideration of additional evidence received without a waiver, and to re-adjudicate whether new and material evidence has been received to reopen the claim of service connection for the cause of the veteran's death.

The Board has determined that the veteran's hernia and testicular condition (claimed as impotence) were not incurred in or aggravated by service.

The Board found that the appellant rendered assistance to an enemy of the United States by his service in the Japanese-sponsored and controlled Bureau of Constabulary (BC), resulting in the forfeiture of all accrued or future VA benefits.

The Board denied the appellant's claims for restoration of non-service connected death pension benefits and an increase in the rate of such benefits during her incarceration.

The VA granted service connection for a schizoaffective disorder as a maturation of the previously service-connected anxiety with depression, and assigned a 50 percent rating from May 2001.

The Board has determined that no new and material evidence has been submitted to reopen the veteran's claim for service connection for a bilateral eye condition.

The Board has reopened the veteran's claim for service connection for residuals of surgery of the right foot due to new and material evidence. The Board also found that the veteran's pre-existing condition was aggravated by service, allowing for service connection.

The VA determined that the veteran's right lower extremity disability, characterized by no claudication on walking and normal motor strength, does not meet the criteria for a compensable rating under the applicable diagnostic codes.

The Board has granted service connection for keloids of the left ear, back, chest, and face and bilateral callosities of the feet. The claim for G6PD deficiency was withdrawn by the veteran prior to a decision.

The Board has determined that the veteran's rash in the groin area began during service and is related to his active duty, granting service connection for this condition.

The Board has determined that new and material evidence has been received to reopen the claim of service connection for lymphedema, but it is unclear whether the veteran's current condition is related to his in-service surgery. Additional development is required before a decision can be made on the merits.

The Board has decided to remand the case due to the need for additional development and notification, including providing a VCAA notice letter, addressing VCAA compliance issues, and scheduling the veteran for a hearing before a Member of the Board.

The Board found that there is no currently diagnosed right thigh disability due to a needle injury incurred in active military service.

The Board has remanded the case for further development, including obtaining VA examination and medical opinions to determine if a right eye cataract is related to the service-connected left eye macular degeneration.

The veteran's claim for service connection for fungal infection of the feet was denied as there is no evidence that his current condition is related to military service.

The veteran withdrew his appeal concerning the issue of service connection for a chronic bilateral eye disability, to include blurred, spotted, and double vision. The issues of increased evaluation for TMJ dysfunction and compensable evaluation for bilateral thumb laxity are addressed in the REMAND portion of this decision.

The Board has granted a 10 percent rating for left tarsal tunnel syndrome since May 27, 2004. The veteran's initial claim was denied prior to this date.

The Board has determined that the appellant's active duty service ended with an other than honorable discharge due to willful and persistent misconduct, making it a bar to VA compensation benefits.

The Board denied the appellant's claim for recognition as the surviving spouse of her deceased husband, finding that she did not meet the criteria due to their divorce and lack of continuous residence.

The Board found that the veteran's death was not caused by any service-connected disability, and thus denied the claim for service connection for the cause of the veteran's death.