Other conditions decisions — 2005

The Board has remanded the case for further evaluation of the veteran's left forearm shell fragment wounds and arthritis, as well as to determine if Muscle Group VII is related to the veteran's service-connected condition.

The Board has determined that the veteran's current stomach disorder is not related to service, and thus denied his claim for service connection.

The Board has determined that the veteran's arthritis of multiple joints is not related to his service-connected residuals of cold injuries, and thus denied the claim for service connection.

The Board denied an increased rating for the veteran's service-connected scars, as residuals of a punji stick wound of the left leg, finding that they do not meet the criteria for a higher rating.

The VA denied the veteran's claim for an increased rating for his schizoaffective disorder, formerly diagnosed as dysthymia, currently rated at 50 percent. The evidence did not show more than reduced reliability and productivity.

The Board has determined that the veteran's eye disorders are not related to his active service and have denied his claim for service connection.

The Board found that new and material evidence had not been presented to reopen the claim of service connection for the cause of the veteran's death, which was denied in June 1998. The appellant claimed that her husband died due to exposure to herbicide agents (Agent Orange) and nerve gas exposure (Mustard/Lewisite).

The Board has determined that new and material evidence has been received to reopen the veteran's previously denied claim for service connection for a bilateral foot disorder, specifically heel contusions. The Board found no evidence in the SMRs indicating any such condition during active service.

The veteran's claim for service connection for a psychiatric disability, including schizoaffective disorder or any other nervous condition, is being remanded due to the need for further verification of his National Guard service and additional medical records.

The Board has denied the veteran's claims for a compensable rating for residuals of inguinal hernia, service connection for bilateral knee disorder, bilateral hearing loss, tinnitus, hiatal hernia and vision loss. The evidence does not support the assignment of a compensable rating for status post bilateral inguinal hernia repair under Diagnostic Code 7338.

The veteran's claim for an increased rating for his left knee condition, which was rated at 10 percent prior to August 25, 2000, resulted in a grant of a 30 percent rating effective from that date.

The Board denied the veteran's claims for service connection and rating for varicose veins of both legs, as well as his claims for other conditions. The case is being remanded to obtain SSA records and schedule a new VA examination.

The veteran's service connection claim for a surgical scar on her right breast is granted. Her increased evaluation and effective date claims are denied.

The Board has denied the veteran's claims for service connection for a bladder disorder and a digestive system disorder, as well as his claim for an increased rating for his left wrist scar. The RO previously granted service connection for the left wrist scar but did not grant the requested increase in rating.

The Board has determined that the veteran's service connection claim for residuals of a right orchiectomy is denied as there was no evidence of aggravation during service and the procedure was performed to ameliorate an existing condition.

The veteran's soft tissue sarcoma, malignant fibrous histiocytoma was not incurred in active service and may not be presumed to have been incurred during active service.

The Board has determined that a remand is required due to insufficient exposure documentation, and the case will be referred to the Under Secretary for Benefits for review.

The VA determined that the veteran's shell fragment wound of the right posterior thorax area with retained foreign body does not warrant an increased rating beyond the current 10 percent evaluation.

The Board found that the appellant's deceased husband was discharged under other than honorable conditions due to willful and persistent misconduct, which bars her from receiving VA death pension benefits.

The Board denied the appellant's request to reinstate her death pension benefits due to a lack of legal basis, as reinstatement is limited to specific benefits and not death pension benefits.