Other conditions decisions — 2005

The veteran's claims for increased ratings and service connection were denied. The Board found that the evidence did not support a compensable rating for post-operative residuals of a right inguinal hernia, and there was insufficient evidence to establish service connection for depressive disorder, anxiety disorder, or hypertension.

The Board denied the veteran's request to extend his ending date for educational assistance benefits from April 29, 2004, to June 30, 2004, as he was already beyond his original exhaustion date and could not obtain additional benefits.

The Board denied the appellant's petition to reopen her claim of service connection for the cause of the veteran's death, finding that no new and material evidence had been submitted.

The Board denied service connection for a liver disorder and the cause of death, finding no evidence linking these conditions to military service.

The veteran's patellofemoral syndrome/tendonitis of both knees was granted an initial 10 percent evaluation from January 17, 2001.

The Board denied an increased rating for the veteran's service-connected left foot fracture with traumatic arthritis and residuals of a land mine blast injury, as well as his claim for service connection for pain in the knees, hips, back, and shoulders secondary to his service-connected left foot disorder.

The VA denied the veteran's claims for increased ratings for his service-connected myofascial back pain and decreased sensation of the right leg, finding that the evidence did not support evaluations higher than 20 percent.

The Board has determined that there is no evidence of a spinal column injury in service and no competent medical evidence linking current residuals to service. Therefore, the claim for service connection for residuals of a spinal column injury is denied.

The Board found that the veteran's left hip disorder is not proximately due to or the result of his service-connected back disorder.

The Board denied the veteran's claims for service connection for a right elbow disability and an increased rating for post-operative residuals of the removal of a cyst on the right ulna with residual scar, finding no evidence linking these conditions to his military service or any service-connected condition.

The Board found that the veteran's porphyria cutanea tarda (PCT) was not incurred or aggravated by his military service, and denied his claim for service connection.

The Board has determined that the veteran's patellofemoral pain syndrome of the left knee does not warrant a rating in excess of 20 percent, and his degenerative changes of the left knee do not warrant a rating in excess of 10 percent.

The Board found that the appellant is not recognized as the veteran's surviving spouse for VA purposes due to the State of New Mexico not recognizing common law marriages, and there was no evidence of cohabitation prior to March 2000.

The veteran's appeal is being remanded for further development, including a new VA examination and consideration of the amended rating criteria for ankylosis or limitation of motion of digits of the hand.

The Board has determined that the veteran's bilateral tarsal tunnel syndrome, calcaneal spurring, and DJD of toes are related to his military service.

The Board has determined that the veteran's current heart disease is not related to his service, specifically the grade I pulmonic systolic murmur noted on his separation examination. The claim for service connection for cardiovascular disease is denied.

The veteran's colon cancer and the residuals of a polyp removal are presumed to be related to his service exposure to ionizing radiation, with reasonable doubt resolved in favor of the claim.

The Board has granted a waiver of recovery for the appellant's overpayment of VA educational benefits under Chapter 30 in the amount of $5,422.47, plus accrued interest.

The veteran's initial ratings for xerostomia with limited motion of the jaw and loss of sense of taste are denied as they do not meet the criteria for an increased rating.

The veteran's disability, a psychophysiologic gastrointestinal reaction with inactive ulcer disease, is currently rated at 30 percent disabling. The Board has determined that the evidence supports an increased rating to 50 percent based on moderate symptoms of anxiety and depression.