Other conditions decisions — 2005

The veteran's death was not service-connected due to ulcerative colitis or acute myelocytic leukemia, but he received treatment for these conditions while hospitalized at a VA medical center. Dependency and indemnity compensation under the provisions of 38 U.S.C.A. § 1151 is granted as his death resulted from complications following chemotherapy treatment.

The Board has remanded the case for additional development, including obtaining medical records and scheduling a VA examination to determine if the veteran's current back disability is related to his service.

The Board found no evidence of a spine disorder having its onset during service or within one year after separation, and concluded that the veteran's current spine disability is not related to his active duty. Service connection was denied.

The Board has determined that the veteran's right eye disability was not incurred in or aggravated by his active service and denied his claim.

The Board denied the veteran's claims of service connection for a skin rash and a penile lesion, finding that there was no evidence of such conditions in service or related to service.

The Board has found that the appellant meets the minimum percentage standards for consideration of a TDIU, but further evidence is needed to determine if his service-connected disabilities render him unemployable.

The Board found that the veteran's right elbow hyperextension with biceps tendon tear was not incurred in or aggravated by service, and denied his claim for service connection.

The Board has determined that the veteran does not have a current diagnosis of ulcers and therefore service connection for this condition is denied.

The Board denied the veteran's request to reopen his claim for service connection for vitiligo, finding that no new and material evidence had been submitted.

The Board finds that the veteran's current dysthymic disorder is unrelated to service and denied his claim for service connection.

The veteran's claim for basic eligibility for VA educational assistance benefits under Chapter 32, Title 38, United States Code is denied as he withdrew his contribution from the VEAP program.

The Board has determined that the veteran's severe muscle injuries of Muscle Groups XIII and XV in both lower extremities warrant a 40 percent rating for each, resulting in a total combined rating of 80 percent.

The Board denied the veteran's claims for an earlier effective date and a higher initial evaluation for postgastrectomy residuals, finding that he did not meet the criteria for such entitlement.

The Board has granted service connection for congenital partial ankylosis of L3 and L4, with spondylosis at L1-2 and L4-5. The veteran's mechanical low back strain is currently rated as 20 percent disabling.

The Board dismissed the motion to review a December 2004 decision for CUE because the motion was withdrawn.

The Board has remanded the case for further development, including scheduling of VA examinations and adjudication of newly raised claims. The veteran's appeal is now pending again.

The VA determined that the veteran's acquired psychiatric disorder (dysthymia) is not caused or aggravated by his service-connected bilateral hearing loss.

The Board has determined that the veteran's left deltoid muscle disability warrants a 20 percent rating, which is the maximum available under VA regulations.

The Board has determined that the veteran does not have a chronic eye or skin disorder as a result of any inservice injury, incident, or disease and therefore denied his claims for service connection.

The Board found that the veteran's additional disability, including a bifid urinary stream and impotence, was not caused by VA carelessness or negligence. The decision concluded that compensation under 38 U.S.C.A. § 1151 is denied.