Other conditions decisions — 2005

The veteran's right thigh gunshot wound residuals and left hand shell fragment wound residuals are currently rated at 10 percent each. The Board has determined that the evidence does not support a higher rating for either condition, as they do not meet the criteria for a higher evaluation under applicable VA regulations.

The VA determined that the veteran's lumbar spine disability, which includes a fracture to the L-4 vertebra, does not warrant an increased rating beyond the current 20 percent.

The veteran's service-connected post-operative residuals of a cystectomy of the right mandible with paresthesia are not entitled to an increased rating as they do not meet the criteria for a higher evaluation under Diagnostic Code 8409.

The Board finds that the evidence is in approximate balance, and concludes that service connection for a fungal infection of the feet may be granted due to reasonable doubt being resolved in favor of the veteran.

The Board denied the veteran's claim for service connection for adenocarcinoma of sigmoid colon, status post-operative, as due to exposure to herbicides. The evidence did not show a link between his condition and his military service or presumed exposure to herbicides.

The VA denied the veteran's claims for increased evaluations of his clawtoe deformities of the feet, finding that they do not warrant a higher rating under the applicable diagnostic codes.

The Board has remanded the veteran's claims for service connection due to lack of medical evidence linking his current lung and gastrointestinal disabilities to service, specifically exposure to asbestos. The RO is instructed to seek additional records from Federal facilities and obtain a VA examination to determine if any current disability is related to service.

The VA denied compensation for a cerebrovascular accident resulting from surgery in January 2002, finding no fault on the part of VA.

The Board found that the veteran did not suffer additional chronic disability as a result of the VA colonoscopy and surgery in September 2001, and thus compensation under 38 U.S.C.A. § 1151 is denied.

The veteran's claim for service connection for colon cancer was granted on a presumptive basis due to radiation exposure during service, effective March 26, 2002. The effective date cannot be earlier than this as the law change that allowed this type of presumption became effective on March 26, 2002.

The Board has determined that the veteran no longer has evidence of a stomach or duodenal ulcer, and thus does not meet the criteria for a compensable rating under Diagnostic Code 7305.

The veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling a VA examination.

The Board denied a rating in excess of 30 percent for the veteran's service-connected ichthyosis vulgaris with dermatographism, finding that the evidence did not support such an increase.

The Board denied the veteran's claims for increased ratings for his service-connected degenerative disc disease of the lumbar spine and macrovesicular steatosis with periportal fibrosis, finding that the evidence did not meet the criteria for a compensable rating under VA's Schedule for Rating Disabilities.

The Board has decided to remand the case for further development, including obtaining medical records and scheduling a VA examination.

The Board has determined that an effective date of November 6, 2002 is proper for the award of dependency adjustment in compensation benefits.

The Board has denied the veteran's claim for an earlier effective date for the grant of service connection for left varicocele, finding that no legal basis exists to assign an effective date prior to February 2, 2001.

The Board denied the appellant's claims for DIC benefits and accrued benefits, finding that she was not entitled to such benefits based on the veteran's service-connected disability.

The Board denied the veteran's claim for a rating in excess of 10 percent for his service-connected left shoulder tendonitis, finding that the evidence did not support such an increase.

The Board determined that the appellant's discharge was under dishonorable conditions due to his continuous AWOL period and acknowledged misconduct, thus denying eligibility for VA benefits.