Other conditions decisions — 2005

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The veteran's appeal is denied as his service-connected disabilities do not meet the criteria for a higher rating or TDIU. His right foot injury and skin graft to the left leg are rated at their maximum levels, and he does not have enough combined disability ratings to qualify for TDIU.

The Board found that the veteran does not have a current disability that is residual to a 'heat stroke' or heat injury in service, and thus denied his claim for service connection.

The Board denied the veteran's claim for service connection for a skin disability, including as a result of exposure to an herbicide agent used in Vietnam. The evidence did not show that the veteran had any current skin disorders related to his service or Agent Orange exposure.

The Board finds that the veteran's skin disorder, including idiopathic post-traumatic skin depigmentation, was not incurred in or aggravated by active service and may not be presumed to have been incurred in service due to herbicide exposure.

The VA has denied the veteran's claim for a higher rating for his service-connected malocclusion, as it is currently rated at 30 percent and does not warrant an increase.

The Board has ordered a remand for an ophthalmologic examination to determine the identity and etiology of any bilateral eye disorder, including whether it is related to service-connected post-traumatic stress disorder.

The Board has determined that the veteran's left knee disability warrants a 30 percent evaluation, effective from December 6, 2000.

The Board found that the veteran's pre-existing missing finger and multiple fractures on the right hand were not aggravated by active service, thus denying his claim for service connection.

The VA determined that the veteran's current leg swelling is not related to the prescribed medication he received during his hospitalization, and thus denied compensation under 38 U.S.C.A. § 1151.

The Board has determined that new and material evidence has been submitted to reopen the claim of service connection for disability manifested by edema/swelling of the lower extremities. The claim is granted as it relates to a direct service connection.

The Board found that the parastomal hernia developed as a result of VA treatment on January 8, 1997 and determined it was not caused by negligence or lack of proper skill from VA. The veteran's claim for compensation under 38 U.S.C.A. § 1151 was denied.

The Board denied service connection for a genitourinary disability and an initial evaluation in excess of 40 percent for degenerative joint disease of the lumbar spine.

The Board denied the veteran's claims for increased evaluations for his service-connected low/mid-back strain with left scapular tenderness, finding that the criteria were not met for an evaluation in excess of 10 percent prior to May 1, 2002 and for an evaluation in excess of 20 percent from May 1, 2002.

The Board found that there is no causal relationship between the veteran's active service and her ovarian cyst with endometrial sinus tumor of the ovary, thus denying her claim for service connection.

The Board has determined that the veteran's residuals of squamous cell cancer of the right earlobe are service-connected, as it is a disability incurred during his military service. However, there is no evidence to support the claim for sunstroke and hypersensitivity to heat or any genitourinary disorder.

The Board found that the cause of the veteran's death was not due to a service-connected disability and denied both claims for service connection and DEA benefits.

The veteran's fistula in ano is not deemed to have resulted from VA treatment, and the Board denied compensation under 38 U.S.C. § 1151.

The Board has determined that the veteran's service-connected neurological disabilities of his right upper and lower extremities do not warrant ratings in excess of 20 percent or 10 percent, respectively.

The Board denied the veteran's claim for an increased rating for her service-connected post-operative residuals of a fracture of the right tibia and fibula with degenerative joint disease, finding that combined evaluations for disabilities below the knee shall not exceed the maximum 40 percent evaluation available for amputation.