Other conditions decisions — 2005

The Board found that the veteran's left eye blindness was not caused by VA hospital care, medical treatment, or examination and denied compensation under 38 U.S.C.A. § 1151.

The Board has determined that new and material evidence has been presented to reopen the claim for service connection for residuals of smoke inhalation. The veteran's current respiratory disorder is not considered to be related to his military service.

The Board denied the veteran's claim for service connection under 38 U.S.C. § 1151 for decubitus ulcers of the sacrum and bilateral lower extremities due to VA medical treatment, finding that there was no additional disability caused by such treatment.

The Board determined that the appellant is entitled to recognition as the surviving spouse of the veteran for VA death benefits purposes.

The Board denied an increased rating for chronic otitis media of the right ear, finding no evidence of suppuration or aural polyps to warrant a higher evaluation.

The Board has determined that the appellant's cyclothymia and dysthymia are service-connected, as they existed prior to military service but were aggravated by it.

The veteran's residuals of a gunshot wound to the left hand are rated at 30 percent, and his traumatic arthritis with functional loss is rated at 10 percent.

The Board has granted service connection for stress fracture of the left tibia and assigned an initial rating of 10 percent, effective February 15, 2001.

The VA determined that the veteran's left distal clavicle fracture warrants a 20 percent disability rating, which is the maximum available under current regulations.

The Board denied the veteran's claim for service connection for arthritis of the hands, finding no current diagnosis and noting that any diagnosed condition did not meet the criteria for a compensable rating under Diagnostic Code 5003.

The Board has determined that additional development is needed before the appeal can be decided, including obtaining VA outpatient records and scheduling the veteran for a comprehensive examination to assess his thoracic spine disability, ulcer disease, and left knee disability.

The veteran's pancreatic cancer, which caused his death, was presumed to have manifested within one year of separation from service. The Board has granted service connection for the cause of the veteran's death and dismissed the DIC claim as moot.

The Board finds that the veteran does not have additional disability caused by the VA EP study in October 2000 and thus, his claim for compensation under 38 U.S.C.A. § 1151 is denied.

The Board has remanded the case due to incomplete information and records, including private treatment records and Social Security Administration records. The veteran is advised to provide details about his private physician and obtain buddy statements from service members who witnessed his behavior during active duty.

The veteran's claims were initially denied in March 1998 and August 2001. The effective dates for the ratings are based on when he filed his claims, not necessarily when his conditions worsened or were first diagnosed.

The Board has determined that the veteran's varicose veins, with secondary skin manifestations, warrant a 40 percent rating for each lower extremity under DC 7120.

The RO denied the appellant's claims for service connection for the cause of her husband's death and for nonservice-connected death pension benefits. The appeals are currently pending.

The veteran's mouth ulcers and tooth decay are not compensable under the applicable rating criteria. His headaches, as a residual of his right orbit fracture, do not warrant an evaluation in excess of 10 percent.

The Board has remanded the case due to a lack of an evaluation for secondary service connection and insufficient reasoning in the previous decision.

The RO has continued the veteran's evaluation for PTSD at a 50% rating and denied his claim of individual unemployability. The case is being remanded to schedule a videoconference hearing.