Other conditions decisions — 2005

The Board has remanded the case for additional development, including verifying prior service and adjudicating a claim of service connection for a colon disorder. The veteran's eligibility for nonservice-connected pension benefits will be reconsidered after these issues are resolved.

The appellant's income exceeded the statutory limit for nonservice-connected death pension benefits, even after excluding her unreimbursed medical expenses.

The Board has remanded the case for further development, including obtaining medical records and a dental examination to determine if there is any relationship between the veteran's periodontal disease identified after service and his military service. The claims for service connection for periodontal disease and aortic valve abnormality as secondary to periodontal disease are pending.

The veteran's service-connected residuals of a bunionectomy, right great toe are currently rated at 10 percent under Diagnostic Code 5003 for degenerative arthritis with limitation of motion and pain. The claimant is not entitled to an evaluation in excess of this rating.

The veteran's service-connected priapism is currently rated at 40 percent disabling beginning on June 14, 2004. This rating is for the period from June 19, 2002, to June 14, 2004, where it was previously rated at 20 percent.

The veteran's appeal is being remanded for additional development and consideration of his claims, including a VA examination to assess the nature and extent of any right leg pathology and whether it was aggravated during service.

The veteran's alcohol dependency is denied as service connection because it is due to his own willful abuse of alcohol, and secondary service connection for this condition is also not permitted by law.

The Board has denied the veteran's claims for service connection for gallbladder dyskinesia and residuals of shell fragment wounds to the left leg. The case is being remanded due to procedural issues.

The Board has granted the veteran's claim for service connection for post traumatic stress disorder, finding that his participation in combat during active military service is sufficient to establish a link between his current symptoms and the claimed in-service stressor.

The Board found that assigning an earlier effective date of February 1, 2000 for apportionment of the veteran's benefits was proper and did not impose undue financial hardship on him.

The veteran's claim for increased evaluations of his herniated nucleus pulposus, L5-S1 was granted. He received a temporary total evaluation based on surgical treatment from January 25, 2005 and a 40 percent evaluation effective March 1, 2005. The RO also restored the veteran's previous 60 percent rating for his herniated nucleus pulposus, L5-S1.

The Board found that the veteran's bilateral eye disability was not incurred in or related to service, and denied his claims for right and left carpal tunnel syndrome as well.

The veteran's appeal for vocational rehabilitation training under Chapter 31 was granted by the RO in September 2002, and he is currently receiving these benefits with an anticipated completion date in May 2006. As a result, the appeal is considered moot.

The Board has granted service connection for right eye anisometropic amblyopia and denied the initial compensable ratings for left ear and right ear hearing loss.

The veteran's appeal is being remanded for further development and readjudication due to the failure of the AMC or RO to prepare a supplemental statement of the case.

The Board has received a withdrawal of the appeal from the appellant, thus dismissing the case.

The veteran's claim for an increased rating for residuals of stress fractures of the pubic rami is denied as her disability does not meet or approximate the criteria for a higher evaluation.

The veteran has been granted service connection for residuals of sternoclavicular dislocation, but denied a right arm disability.

The Board has determined that the veteran's left knee disability, primarily manifested by pain and slight impairment due to recurrent subluxation or instability with arthritic involvement, warrants a 10 percent evaluation. A separate 10 percent rating is granted for arthritis of the left knee.

The Board found that the veteran's variously diagnosed eye disorders are not due to exposure to asbestos during active service.