Other conditions decisions — 2006

The veteran's residuals of a shell fragment wound of the left hand are manifested by some limitation of motion; however, he does not have any incapacitating exacerbations. The Board has determined that an increased rating is not in order for the veteran's shell fragment wound residuals.

The Board denied the veteran's claim for an increased rating for his service-connected psychoneurosis, finding that the evidence did not show more than mild anxiety symptoms and no significant deterioration of functioning due to his anxiety disorder. The current disability picture most nearly approximates a 30 percent rating.

The Board denied the veteran's claims for compensation under 38 U.S.C.A. § 1151 for left and right eye disabilities due to medical treatment at a VA facility in 1985, finding that there was no evidence of carelessness, negligence, lack of proper skill, error in judgment or fault by VA medical personnel.

The Board has determined that the veteran's memory loss, confusion and heart problems are a result of VA treatment including prescribed medication (digoxin), resulting in additional disability. The decision grants the veteran's claim for disability compensation under 38 U.S.C.A. § 1151.

The Board has denied the veteran's claim of service connection for nerve damage of the bilateral lower extremities as secondary to his service-connected lumbar spine disability, finding that the evidence does not establish a link between the two.

The Board found that the appellant is not entitled to a disability rating in excess of 20 percent prior to March 2, 2004 for his service-connected bilateral claw toes, hammer toes and calluses. From March 2, 2004 onwards, an increased rating of 40 percent was warranted.

The Board found that the appellant does not have a current diagnosis of an acquired psychiatric disorder related to military service. The examiner stated that his adjustment disorder with mixed mood is secondary to multiple medical problems and unrelated to military service, while mild mental retardation was present prior to service and did not worsen during service.

The Board has determined that the appellant's right wrist disability, characterized by limited motion and pain, warrants a 30 percent evaluation under Diagnostic Code 5214 (ankylosis of the wrist), but not higher as there is no evidence of unfavorable ankylosis. The appeal for a higher rating is denied.

The Board denied the veteran's claims for an increased evaluation of his service-connected lipoid nephrosis and denied service connection for chondromalacia of the knees, finding that there was no evidence of active renal disease or a separate knee disorder due to service.

The veteran is granted service connection for periodontal disease of tooth number 5, allowing him to receive one-time VA outpatient dental treatment.

The veteran requested to withdraw their appeal, and as a result, the case has been dismissed.

The Board denied the veteran's claims for service connection for thrombocytopenia and a compensable evaluation for genital warts, as well as an earlier effective date for service connection of genital warts. The decision also noted that there was no indication of any prior service connection claim filed before March 23, 2004.

The veteran's appeal was dismissed due to his death, and the Board has no jurisdiction to adjudicate the merits of this claim.

The Board found that the veteran's arthritis affecting his knees, hips, lumbar spine and cervical spine was aggravated by his service-connected disabilities of the feet.

The veteran's appeal for a higher rating for his left hip disability was denied, and the claim for an earlier effective date for total unemployability benefits was also denied. The Board found that there is no evidence of malunion or other impairment warranting a higher rating than 20 percent under Diagnostic Code 5255. For the earlier effective date claim, the Board noted that while the veteran claimed he was unemployable due to his respiratory disorder since at least 1987, the earliest correspondence mentioning this issue is dated August 12, 1996.

The veteran's service-connected right knee disability warrants a 20% rating for limitation of extension and instability. The left knee disability warrants a 10% rating for limitation of motion and instability.

The veteran's claim for service connection for severe dysplasia of the cervix (claimed as cancer of the uterus) was denied. Her increased rating claim for post-operative internal derangement of the left knee was also denied.

The Board denied an increased initial disability evaluation for concussion injury with binocular diplopia, finding that the evidence did not support a rating in excess of 30 percent.

The veteran's claim for service connection for the claimed residuals of exposure to asbestos is denied as there is no competent medical evidence supporting a diagnosis of a pulmonary disability attributable to such exposure.

The Board found that the veteran's infertility, claimed as a residual of a gonococcus infection during service, was not incurred or aggravated by military service. The preponderance of medical evidence indicated sulfa drug treatment did not cause permanent infertility and that the delay in treating the veteran's gonorrhea with penicillin did not cause his infertility.