Other conditions decisions — 2005

The Board granted a maximum rating of 60 percent for the veteran's service-connected dermatophytosis of the hands and feet, effective August 30, 2002.

The Board denied a rating in excess of 40 percent for scoliosis with arthritis of the lumbosacral spine, finding that the disability did not meet the criteria for an increased rating under the applicable diagnostic codes.

The veteran is requesting an increase in his Special Monthly Compensation (SMC) rate, currently at the 'l' rate. The VA needs to ensure that proper notification and development have been completed as required by the VCAA before proceeding with the decision on this issue.

The Board has remanded the case for additional development due to the need for a VA examination to determine the nature and etiology of the veteran's claimed psychological disability, fatigue, memory loss, and thought disorder.

The appeal is dismissed due to the death of the appellant, the veteran's widow.

The Board has determined that the veteran does not have a current disability due to myopia and her claim for service connection is denied. For residuals of bilateral breast reduction, the Board found no evidence of any disease or injury incurred in or aggravated by active service.

The VA denied the veteran's claims for a compensable initial rating for testalgia and an increased rating for irritable bowel syndrome, stating that there was no evidence of painful scars or significant impairment in earning capacity.

The Board has determined that a VA examination is needed to determine the nature and etiology of any current spinal disorder, including whether it is at least as likely as not related to the veteran's episode of meningitis in service.

The veteran's claim for an increased evaluation for residuals of a fracture of the right foot was granted, with no specific rating assigned.

The Board denied the appellant's claim to reopen for eligibility to VA benefits, finding that no new and material evidence had been submitted.

The veteran's service-connected disabilities, which include residuals of cold injury to both feet and malnutrition, do not render him unemployable considering his educational and occupational background. The Board finds that the preponderance of evidence does not demonstrate he is unable to secure or follow a substantially gainful occupation.

The veteran's right eye aphakia is currently rated at 30 percent, but his left eye vision of 20/20 does not meet the criteria for a higher rating as per VA regulations.

The Board has determined that the veteran's death was not caused by a service-connected disability and thus, service connection for the cause of his death is denied.

The Board has remanded the case for further development, including obtaining medical records and determining whether the veteran was exposed to asbestos during service.

The veteran is seeking compensation under 38 U.S.C.A. § 1151 for mitochondrial myopathy of the lower extremities, which he claims resulted from taking Lipitor (atorvastatin) prescribed by a VA physician at Bay Pines VA Medical Center. The case is being remanded to ensure proper notification and development of evidence.

The case is being returned to the RO for further evaluation due to a potential issue with payments made to an HMO in 2003, which may affect the veteran's income eligibility for pension benefits.

The Board has determined that the veteran's rectal cancer was not incurred in or aggravated by active service, nor may it be presumed to have been incurred in or aggravated by such service. The Board also found no nexus between the veteran's military service or a service-connected disability and his rectal cancer.

The Board has granted service connection for the veteran's residuals of amputation of the left thumb, finding that his explanation regarding the cause of the injury is credible and granting the benefit of the doubt to him.

The Board has determined that the appellant's late husband had no valid military service in the United States Armed Forces, and thus she is not eligible for VA benefits. The evidence received since October 1999 does not present new and material evidence to reopen her claim.

The veteran's claim for service connection for carcinoma of the lung, claimed as a result of Agent Orange exposure, is being remanded due to potential errors in application of regulations and VCAA requirements.