Other conditions decisions — 2005

The veteran's service-connected Hodgkin's disease was rated at 30 percent since October 1967, and the RO found that he is not entitled to VA compensation prior to September 9, 2002.

The Board has determined that new and material evidence has not been received to reopen the veteran's claim for service connection of residuals from a gunshot wound. The decision is mixed, as some issues are granted while others are denied.

The veteran requested to withdraw his appeal regarding the timeliness of a notice of disagreement to a February 1999 rating determination. The Board dismissed the appeal as it did not have jurisdiction to review the claim.

The veteran is seeking an increased rating for his service-connected right thumb fracture. The Board has remanded the case to allow for further development, including a VA examination and consideration of new diagnostic criteria.

The veteran's service-connected post-operative residuals of Crohn's disease resulted in a pronounced disability picture, warranting the highest schedular rating of 100 percent.

The Board has determined that the veteran does not have a current cardiac disability or a bilateral leg muscle condition other than Ekbom's syndrome (restless leg) that is related to service. The preponderance of evidence supports this conclusion.

The veteran's service-connected chronic fibrous pleuritis secondary to empyema, left, thoracotomy is currently rated at 60 percent. The RO has granted an increased evaluation for this condition. However, the veteran's venous insufficiency is not considered service-connected.

The Board has determined that the veteran's death was due to pancreatic cancer, which may be attributed to his exposure to radiation during service. Service connection for cause of death is granted.

The veteran's low back disorder, characterized as strain of the sacrospinalis muscles with degenerative joint disease, is rated at 60 percent. The claim for a total disability rating based on individual unemployability due to service-connected disability (TDIU) is also granted.

The Board has granted a 60 percent rating for the veteran's syncope, finding that his episodes of syncopal episodes meet the criteria for minor seizures under DC 8911. The Board also found that these episodes are sufficiently severe to produce unemployability and thus grants TDIU.

The Board found the appellant at fault for holding herself out as married to NM, resulting in an overpayment of benefits. The Committee denied waiver due to willful misrepresentation.

The veteran's appeal is about his initial compensable evaluation for the residuals of a right thumb fracture. The RO granted service connection but assigned a noncompensable evaluation, and the veteran wants an increased rating based on loss of motion and weakness in the thumb.

The veteran's claim for a higher initial rating for postoperative right spermatocele is being remanded due to the need for further development, including an examination to determine if his urinary incontinence is related to his service-connected residuals of a right spermatocele.

The Board found that the veteran's skin condition was not incurred in or aggravated by service and may not be presumed to have been incurred during such service.

The Board found that the veteran's current circulation problems of the lower extremities are not related to his service-connected scars of the legs, residuals of tropical ulcers. The claim for secondary service connection was denied.

The veteran's herpes simplex was rated at 10 percent from September 29, 1998 through August 29, 2002 and at a 60 percent rating beginning August 30, 2002.

The Board has determined that new and material evidence has not been submitted to reopen the veteran's claims for service connection for a cardiovascular disorder and a disability of the spine. The RO will continue to deny these claims.

The Board denied the veteran's claim for a rating in excess of 10 percent for service-connected residuals of a pneumothorax, finding that his current level of disability warranted only a 10 percent rating.

The VA determined that the veteran's current eye conditions, including cataracts, status post anterior uveitis of the left eye, and defective vision, are not related to his service-connected conjunctivitis.

The VA has denied an increased evaluation for filariasis, currently rated at 30 percent. The Board found no evidence of active or recurrent filariasis and concluded that the veteran does not meet criteria for a higher rating based on residuals such as epididymitis or lymphadenitis.