Other conditions decisions — 2005

The VA denied an increased evaluation for the service-connected left great toe disability, finding that there are no current residuals of a crush injury to the left great toe.

The Board denied the veteran's claims for service connection for right middle finger gout and reactive airways disease, finding that there was no evidence of such conditions in service or within one year of separation. The Board also found that any current pulmonary problems are not related to service.

The Board denied the veteran's claim for an earlier effective date for a 50% evaluation for his service-connected claw toe deformity, bilateral, postoperative.

The veteran's claim for an increased disability evaluation for postoperative pituitary adenoma is being remanded due to the need for additional records and further consideration.

The veteran died from carcinoma of the lungs and was not in receipt of pension or compensation at the time of his death. Therefore, he is not entitled to VA nonservice-connected burial benefits.

The Board denied the veteran's claim for service connection for cause of death due to acute myeloid leukemia, finding that there was no evidence linking the condition to his service or presumptive exposure to herbicides in Vietnam.

The Board denied the claim to reopen the service connection for the cause of the veteran's death due to lack of new and material evidence, as the newly submitted evidence does not raise a reasonable possibility of substantiating the claim.

The Board has determined that the veteran's primary hypogonadism with infertility, which is secondary to his service-connected low bone mass density, warrants service connection. The veteran does not have a current diagnosis of Sertoli cell syndrome and therefore cannot be granted service connection for this condition.

The Board of Veterans' Appeals has determined that the veteran's service-connected peptic ulcer disease does not warrant a disability evaluation in excess of 40 percent.

The veteran's claim for an earlier effective date prior to February 15, 2000 for a total rating of his service-connected Jejunal Stromal Sarcoma was denied as there was no active malignancy during the period from May 5, 1996 to February 14, 2000.,The veteran's claim for restoration of a 100 percent evaluation for his service-connected Jejunal Stromal Sarcoma for the period from August 1, 2002 to August 20, 2003 was granted as there was no active malignancy during this time.

The Board denied the veteran's request to reopen his claim for service connection for residuals of a back injury, finding that no new and material evidence had been submitted.

The Board found that the veteran's preexisting obsessive compulsive disorder and dysthymic disorder were aggravated by his military service, leading to a decision in favor of granting service connection for these conditions.

The veteran's service-connected varicosities of the right lower extremity were found to be productive of intermittent edema relieved by elevation and support hose from May 28, 1999 to March 2, 2003.,Since March 3, 2003, the veteran's varicosities have produced persistent edema that is incompletely relieved by elevation but does not produce stasis pigmentation or ulceration.

The VA has denied the veteran's claim for an initial compensable rating for his right little finger disability, finding that there is no evidence of current disability.

The Board denied service connection for right testicular pain, status post vasectomy. It also denied the veteran's claims for increased ratings for partial medial meniscectomy of the right knee and post-traumatic suboccipital neuralgia of the cervical spine.

The Board has granted an initial 40 percent disability rating for the veteran's pituitary tumor with prolactinoma and assigned a separate noncompensable rating for his anhidrosis. The effective date is September 2, 2005.

The VA denied an increased rating for the veteran's spinal stenosis, maintaining a 60 percent disability rating since November 2001.

The veteran's claims for increased ratings and effective dates have been granted, but the original rating decisions in September 1949 were not found to be clearly erroneous.

The Board determined that the appellant did not have service in the United States Armed Forces and therefore denied recognition as a veteran for VA benefits purposes.

The Board has determined that the veteran's CLL was not incurred in or aggravated by military service and may not be presumed to have been incurred therein.