Other conditions decisions — 2006

The veteran's varicose veins of the right and left legs are currently rated at 10 percent each, effective November 10, 2001.

The Board is remanding the case to clarify whether the appellant is the veteran's lawful surviving spouse and, if so, to determine service connection for the cause of the veteran's death. The preliminary issue will be addressed first.

The VA determined that the veteran's avascular necrosis of the right thumb does not warrant a rating higher than 20 percent, as it only manifests pain and limitation of motion.

The Board denied service connection for deviated septum and residuals of cold injury to the fingers and toes, finding no evidence of a chronic disability resulting from in-service exposure or trauma.

The Board has determined that the veteran's arthritis of his hands does not warrant a rating in excess of 10 percent, as there is no evidence of limitation of motion or occasional incapacitating exacerbations.

The Board found that the veteran's left knee disability does not meet or approximate the criteria for a higher rating, and thus denied his claim for an increased rating.

The Board finds that the appellant does not have recognized service as a member of the Philippine Commonwealth Army, and therefore is not eligible for VA benefits.

The Board found that the veteran does not have a diagnosis of a headache disorder etiologically related to active service or due to an undiagnosed illness. The veteran's headaches were not shown by competent medical evidence to be etiologically related to his service-connected skin disorder, or to an undiagnosed illness. Therefore, the claim for service connection for a headache disorder was denied.

The veteran died from metastatic pancreatic cancer, which is not service-connected. The surviving spouse's claim for DIC under 38 U.S.C.A. § 1318 was denied as the veteran did not meet the requirement of having a 100% disability rating due to service-connected disability.

The Board has decided to remand the case for additional development due to failure to provide proper VCAA notice.

The Board has determined that the veteran's service-connected peptic ulcer disease does not meet the criteria for a rating in excess of 10 percent, and therefore denied his claim.

The veteran died from a non-service-connected cause and was not receiving VA benefits at the time of his death. Therefore, he is not eligible for burial benefits.

The Board denied the veteran's claims for service connection for the cause of his death and under 38 U.S.C.A. § 1151, finding that there was no evidence to support the appellant's allegations.

The Board has determined that the veteran does not have current heat stroke or heat exhaustion disabilities and there is no competent medical evidence linking any such disabilities to service. As a result, the claims for service connection are denied.

The veteran's claim for special monthly pension based on being housebound is remanded due to the need for further examination and clarification of his disability status.

The veteran's claim for a rating in excess of 10 percent for service-connected gastritis and erosive esophagitis is denied. The Board finds that the evidence does not support a higher rating under Diagnostic Codes 7307 or 7346. The veteran's claim for service connection for ulcerated stomach as secondary to prescribed medication for service-connected left patellar tendonitis with patellofemoral pain syndrome is remanded due to insufficient notice.

The Board has awarded effective dates of February 25, 2000 for the grant of service connection for residuals of a lacerated left hand and for degenerative joint disease of the left hand with limitation of motion.

The Board found no evidence to support the appellant's claim for service connection for the cause of her husband's death, as there was no established service-connected disability and no evidence linking his death to military service or a pre-existing condition. The claims for non-service-connected Department of Veterans Affairs (VA) death pension benefits and accrued benefits were also denied due to lack of supporting medical records.

The Board determined that the appellant did not submit new and material evidence to reopen her claim of entitlement to service connection for the cause of the veteran's death.

The Board is remanding the case to obtain additional medical records and notify the veteran of what evidence would be needed to reopen his claim for service connection for rheumatic fever and chorea.