Other conditions decisions — 2006

The veteran's claim for an increased rating for his postoperative herniated nucleus pulposus at L4-L5 is being remanded due to the need for additional development of his claims folder and consideration of new evidence.

The veteran's skull loss, resulting from a colloid cyst of the third ventricle, is currently rated as 40 percent disabling. The Board has remanded the case for further development to determine if the veteran's skull defect warrants an increased rating.

The veteran's appeal has been dismissed as he requested withdrawal of the appeal for his initial compensable evaluation for a superficial left arm and hand shell fragment wound.

The Board denied the veteran's claims for an increased rating for varicose veins of the right lower extremity and service connection for varicose veins of the left lower extremity, finding that the evidence did not show marked persistent edema in the right leg or a link to service.

The veteran's hypertensive retinopathy is currently rated at 10 percent, and the evidence does not support a higher rating as his visual acuity loss is attributed to macular degeneration rather than his service-connected condition.

The Board has remanded the case due to the need for additional development, including obtaining treatment records and scheduling a VA examination.

The veteran's request for service connection for a skin condition is being remanded due to the need for additional evidence and a hearing.

The veteran's claims for service connection for malaria, foot and spine disabilities secondary to a fall in service, and benign tumors and enlarged lymph nodes due to herbicide exposure were denied as there is no current evidence of these conditions.

The Board has granted service connection for decreased metabolic activity in the left parietal cortex as due to an undiagnosed illness, based on exposure to toxic gases during active duty.

The Board finds that the veteran does not have a current diagnosis of peripheral vascular disease that is proximately due to or aggravated by his service-connected residuals of cold weather injuries. Therefore, the claim for service connection for peripheral vascular disease secondary to cold weather injuries is denied.

The Board has dismissed the veteran's petition to reopen a claim for service connection for a nervous condition, as it was not timely filed. The issue of entitlement to a compensable rating for residuals of a spontaneous pneumothorax of the left lung is also addressed but no new rating is granted due to the current symptoms being attributed to nonservice-connected COPD.

The Board has denied the veteran's claims for service connection for spondylolisthesis and an initial rating in excess of 10 percent for pes planus. The veteran's pes planus is currently rated as 10 percent disabling, which is the maximum schedular rating available under Diagnostic Code 5276.

The Board has denied the veteran's claim for an increased disability rating for his service-connected left varicocele, finding that the evidence does not meet the criteria for a compensable evaluation.

The Board has determined that the veteran's peripheral vascular disease is not caused by or aggravated by his service-connected post-traumatic stress disorder, and therefore denied the claim for service connection.

The Board found that the appellant's spouse did not have qualifying service in the U.S. Armed Forces, and thus the appellant is not eligible for VA death pension benefits.

The Board is remanding the case for a Travel Board Hearing before a VLJ at the Manila RO.

The veteran's service-connected disability (amputation of the left arm) is not the cause of his inability to secure or follow a substantially gainful occupation, and therefore, TDIU is denied.

The veteran's claims for service connection for hand and finger injuries, nasal fracture and laceration of the right eye orbit and lip with teeth extraction were denied as these conditions resulted from his own willful misconduct during a motorcycle accident. The veteran's lumbosacral strain and residual scar, right eyebrow are also addressed but do not meet the criteria for compensable ratings.

The Board has determined that the veteran does not have current diagnoses for his claimed left index finger disorder, respiratory disorder, or nervous disorder. The bilateral genu varus is found to be a congenital condition and not related to service. The veteran's alcohol dependence, nicotine dependence, and caffeine-induced insomnia are also denied as they predate the filing of his claims.

The Board found no evidence that the veteran's tongue cancer was caused by service or a service-connected disability, and thus denied the claim for service connection for the cause of death.