Other conditions decisions — 2006

The veteran's claims for increased ratings and TDIU were denied. The low back disability is rated at 20 percent, the left foot injury at 10 percent, and there are no compensable ratings for other service-connected conditions.

The Board found that the cause of the veteran's death was adenocarcinoma of the cecum with liver metastasis, which is not service-connected.,VA denied entitlement to Dependents' Educational Assistance (DEA) benefits as there was no permanent total disability at the time of the veteran's death.

The veteran's claim for an earlier effective date for the grant of a total disability evaluation based on individual unemployability (TDIU) is being remanded to the RO for consideration of additional evidence and issuance of a supplemental statement of the case.

The Board denied a rating in excess of 30 percent for the veteran's bilateral flat foot disability, finding that the evidence did not meet the criteria for a higher rating under Diagnostic Code 5276.

The Board found no current disability as a residual of a head injury or brain trauma and denied the veteran's claim for service connection.

The Board has determined that new and material evidence has been received to reopen the veteran's claim for service connection for right ear otitis media. The Board also found that the evidence is at least in equipoise as to whether the veteran currently has a chronic otitis media disability of the right ear due to service, thus granting service connection.

The Board found no clear and unmistakable error in the December 1958 rating decision that assigned a 30 percent initial disability evaluation for amputation of the right thumb through the proximal phalanx. The evidence at the time did not support a higher evaluation.

The VA has determined that the veteran's Crohn's Disease does not warrant a rating in excess of 30 percent, as it results in overall disability productive of no more than moderately severe ulcerative colitis.

The VA determined that the veteran's service-connected prepatellar bursitis, right knee does not warrant a rating in excess of 10 percent.

The Board has remanded the case for further development, including obtaining records from NARA and the U.S. Navy to verify if the veteran was exposed to ionizing radiation in service.

The veteran's claim for service connection for peri-umbilical/ventral hernia, status post repair with keloid scar was denied as there is no evidence that the pre-service condition was aggravated by service or that it advanced beyond its natural progression while in service. The veteran's claim for bilateral heel spurs was not addressed due to a procedural issue.

The Board denied service connection for disabilities resulting from exposure to Agent Orange, finding no evidence of such conditions in the veteran's medical records.

The VA determined that the veteran's meralgia paresthetica, right and left thighs do not warrant a rating higher than 10 percent due to the presence of other nonservice-connected neurological disabilities attributed to his complaints.

The Board has reopened the veteran's claim for service connection for back and neck disorders, to include arthritis. The new evidence submitted includes lay statements from the veteran's brother and another individual who claimed to have been present when he injured himself at Ft. Belvoir. Dr. Welch also provided a report stating that the veteran had osteoarthritis of the thoracic spine, likely post-traumatic in origin.

The Board denied the veteran's claim for recognition of active military service for VA benefits purposes due to a lack of verified service, as determined by the service department.

The Board has denied the claim for service connection for the cause of the veteran's death and the DIC under 38 U.S.C.A. § 1318, finding that new and material evidence was not submitted to reopen the claims and that the veteran did not meet the eligibility requirements for DIC benefits.

The Board is remanding the case to verify whether the veteran was exposed to Agent Orange during his service in Thailand, as this could potentially establish service connection for the cause of death.

The Board found that the veteran does not have a current diagnosis of a nervous condition and therefore denied service connection for this condition as secondary to his service-connected balanitis xerotica obliterans and urethral stricture.

The Board has decided to remand the case due to missing National Guard and private medical records, as well as incomplete SSA records. The veteran's claim for service connection for multiple chemical sensitivity will be reviewed again after obtaining these records.

The appellant's claim for a non-service-connected burial allowance was denied because the claim was not filed within the two-year time limit after the veteran's death and cremation.