Other conditions decisions — 2005

The Board has determined that the veteran's splenectomy residuals are not related to his military service, and thus denied his claim for service connection.

The Board has determined that the appellant is recognized as the veteran's surviving spouse for purposes of receiving VA benefits, including Dependency and Indemnity Compensation (DIC).

The Board has determined that the veteran's residuals of amoebic dysentery with irritable colon warrant a 30 percent evaluation, as there is no evidence of anemia, malnutrition, numerous attacks throughout the year, or serious complications such as liver abscess.

The VA granted the veteran's claim for service connection for hallux valgus of the right foot and assigned a 10 percent disability rating. The Board found that the degree of impairment resulting from the hallux valgus approximates no more than moderate foot disabilities under Diagnostic Code 5284.

The veteran's basal cell carcinoma of the right nasal dorsum was not present within one year of his discharge from service and is not etiologically related to any incident of service, including exposure to herbicides. The Board has determined that the preponderance of evidence is against the claim for service connection on a direct or presumptive basis.

The Board found that the veteran did not have cardiovascular disease, to include cerebrovascular disease, senility or malaria during active service. The preponderance of evidence is against a finding that cerebral malaria caused or materially contributed to the veteran's death.

The Board has determined that the veteran's current respiratory disability did not arise during military service and denied his claim for service connection.

The veteran's pleural disease, which manifests with pleural thick thickening and mild restrictive ventilatory effect, does not warrant a higher rating as his current FVC is above 65 percent predicted and DLCO (SB) is above 55 percent predicted.

The Board has denied the veteran's claim for service connection for loosening of teeth due to disease or bone loss, finding that there is no evidence associating this condition with military service.

The Board has ordered additional development of the veteran's claims, including obtaining VA medical records and arranging for examinations to determine the nature and etiology of his claimed disabilities. The case will be returned to the RO for further adjudication.

The Board denied the veteran's claim for service connection for residuals of a right eye injury, finding no persuasive medical evidence linking his current condition to his military service.

The Board has determined that the veteran's impotence does not warrant a compensable disability rating, as he does not have penile deformity. The issue of increased rating for gout and hyperuricemia is addressed in the REMAND portion of the decision.

The Board has remanded the case for further development, including obtaining a revised dosage estimate from DTRA and considering whether there is new evidence to reopen the claim. The appellant's service connection claim will be reconsidered based on this additional information.

The Board denied the veteran's claims for increased ratings for his Osgood Schlatter's Disease of both knees, finding that the current 10 percent evaluations adequately compensate him for his functional impairment.

The Board has determined that the veteran's right elbow disorder is related to his active duty service and granted service connection for residuals of a right elbow injury, including scars.

The Board has remanded the case due to a failure to provide proper notice regarding what evidence is needed to substantiate the claim, and the appellant's rights in this matter.

The veteran seeks an extension of his delimiting date for Chapter 30 educational assistance benefits. The Board denied the request as there was no medical evidence showing a disability preventing him from initiating or completing an education program.

The veteran's claim for an initial rating in excess of 10 percent disabling for cognitive disorder including verbal and visual memory deficits is being remanded due to the need for additional development, including obtaining VA treatment records and scheduling a neuropsychological examination.

The VA denied the veteran's claims for increased disability ratings for his service-connected right and left heel spur syndrome with arthritis of the great toes, finding that the schedular criteria did not meet the requirements for a higher rating.

The Board found that the overpayment of educational assistance benefits in the original calculated amount of $1,567.50 was properly created and denied the veteran's appeal.