Other conditions decisions — 2005

The Board has determined that the veteran's service-connected avascular necrosis of the right femoral head, status post core decompression, warrants a restoration of a 30 percent evaluation effective February 1, 2002.

The veteran's appeal was dismissed due to his withdrawal of the issue regarding whether he submitted a timely substantive appeal to a June 2002 rating decision that denied his claim for service connection for diverticulitis with colon resection status post colostomy with fecal incontinence as secondary to peptic ulcer disease, status post total gastrectomy. The veteran's other claims of entitlement to increased ratings and TDIU remain pending.

The Board found that the veteran's current heart condition, diagnosed as ischemia, did not arise during active service or within one year following discharge. The claim for service connection was denied.

The veteran's appeal is being remanded to the RO for additional development, including obtaining her Social Security medical records and ensuring strict compliance with the provisions of the VCAA.

The Board has deferred appellate adjudication of the veteran's claim for an increased evaluation for service-connected prepyloric ulcer due to the need for further development, including obtaining additional medical records and scheduling a VA C&P examination.

The Board found that the cause of the veteran's death, metastatic head and neck cancer, was not related to his active military service. The preponderance of evidence did not support a finding that the cancer was caused by or aggravated during his time in service.

The veteran is seeking earlier effective dates for awards of dependency benefits and a total rating by reason of individual unemployability due to service-connected disabilities. The case is being remanded for further action at VA medical facilities in Arizona, Colorado, and Florida.

The Board denied service connection for paroxysmal atrial flutter/fibrillation with shortness of breath and dizziness, finding no evidence of a chronic disability during active duty or within the presumptive period.

The veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling a VA examination to assess his employability due to service-connected disabilities.

The VA has determined that the veteran's service-connected right sacroiliac joint injury and herniated nucleus pulposus at L5-S1 without evidence of radiculopathy warrants a 20 percent rating.

The VA has determined that the veteran does not have a current diagnosis of throat cancer and there is no evidence linking it to service or herbicide exposure. As such, the claim for service connection for throat cancer as secondary to herbicide exposure is denied.

The veteran's claim for an initial (compensable) rating for nonunion of the mandible is being remanded due to a deficient VA examination. The case will be returned to the RO for further adjudication.

The Board denied the veteran's request to reopen his service connection claim for lung disability due to lack of new and material evidence, including a statement from his pastor.

The veteran's claim for a permanent and total rating for pension purposes was received on March 5, 2004. The effective date of the award is set to that date.

The Board has remanded the case to the RO for scheduling a personal hearing at the RO before a Veterans Law Judge, either via a Travel Board or video conference. The veteran's appeal will be considered after the hearing is conducted.

The veteran's claims for service connection and evaluations of xerostomia and partial loss of taste were granted, with the xerostomia receiving a 30 percent evaluation effective July 7, 2005.

The Board has determined that the case must be remanded to the VAMC for additional evidentiary development, including a medical opinion on whether VA facilities were 'feasibly available' given the nature of the veteran's injuries and travel distances.

The veteran's service-connected reflux esophagitis and deformed duodenum with duodenitis, secondary to a duodenal ulcer, has been granted an initial 10 percent evaluation since December 2, 1997.

The Board has determined that the veteran's Osgood Schlatter's disease, which was diagnosed and treated during service, underwent a permanent increase in severity as a result of military service. Therefore, service connection is granted for this condition.

The Board found no evidence of a current dental disability related to the veteran's active service, and thus denied his claim for service connection.