Other conditions decisions — 2005

The Board has remanded the case for further development, including obtaining medical records and scheduling a VA examination to determine if the veteran's current neck injury with nerve damage and right arm atrophy are related to service.

The veteran withdrew their appeal before the Board could make a decision.

The Board found that Osgood-Schlatter's disease of the right lower extremity existed prior to service and did not increase in severity during or due to service, thus denying the veteran's claim for service connection.

The Board has determined that the appellant is entitled to DIC benefits under 38 U.S.C.A. § 1318 based on a theory of 'hypothetical entitlement,' but further development is needed due to inadequate VCAA notice.

The Board denied service connection for encephalopathy in January 1996, finding that the condition pre-existed service and was not aggravated by service. The veteran's claim is being denied again as new and material evidence has not been submitted.

The Board granted a separate 30 percent rating for severe injury to Muscle Group XI due to the gunshot wound of the right calf, and granted a 20 percent rating for right ankle limitation of motion prior to July 9, 2003. The higher rating is denied after that date.

The Board has ordered the RO to determine if new and material evidence has been submitted to reopen claims for service connection of a pulmonary disability and beriberi. If reopened, the Board will then decide whether these claims are granted.

The veteran's appeal for special monthly compensation based on the need for regular aid and attendance or at the housebound rate has been withdrawn by the appellant.

The Board denied service connection for pain in the arches and swelling, spasms, and muscle tightness in the legs due to a lack of medical evidence linking these conditions to military service.

The Board found that the veteran's death was not caused by any incident of service, and thus denied his claim for service connection for the cause of his death.

The Board has determined that the veteran's single verified in-service stressful experience is sufficient to support a diagnosis of PTSD. The claim for service connection for PTSD is granted.

The veteran's claim for an increased rating for bronchiectasis of the right lung, status post thoracotomies with restrictive lung disease is being remanded due to incomplete or questionable findings on previous VA examinations. Additional development including pulmonary function tests must be completed before further consideration.

The case is being remanded to the AOJ for further procedural and evidentiary development, including issuing a statement of the case on the effective date claim.

The Board has granted a separate 20 percent rating for moderate instability of the left knee, but denied an increased rating in excess of 10 percent for osteochondritis dissecans of the left knee.

The veteran's death was not caused by or contributed to by any service-connected disability, and the appellant is not entitled to additional burial benefits.

The Board denied the veteran's claim for service connection for a lung disorder, finding that it was less likely than not related to his military service and did not meet the criteria for presumptive service connection due to herbicide exposure.

The Board has granted a 30 percent disability rating for the residuals of laryngeal cancer, effective July 13, 2000. The veteran's appeal was based on his claim for an increased rating.

The veteran's claims for compensation under the provisions of 38 U.S.C.A. § 1151 and increased evaluations for his right fifth finger fracture residuals and skull fracture residuals were denied due to lack of causation.

The Board denied the veteran's claim of entitlement to service connection for post-traumatic stress disorder due to an alleged sexual assault in service, finding that there was no verified in-service stressor and that the veteran did not engage in combat with an enemy. The decision concluded that post-traumatic stress disorder was not incurred in or aggravated by military service.

The veteran's service-connected right thumb, ring, and middle finger disabilities are not manifested by ankylosis or limitation of motion sufficient to warrant a compensable rating.