Other conditions decisions — 2006

The Board granted a 40 percent rating for residuals of right acromioclavicular joint separation, the maximum available under DCs 5203-5200.

The Board found that there is no competent medical evidence showing a current disability related to service, and thus denied the veteran's claim for service connection for residuals of an eye injury.

The Board denied the veteran's claim for compensation under 38 U.S.C.A. § 1151 because the pre-surgical gastrointestinal impairment was not caused by VA carelessness, negligence, lack of proper skill, error in judgment, or some other incident of fault.

The Board denied the veteran's claim for service connection for residuals of an injury to the right foot and great toe, including arthritis of the right great toe, finding no medical evidence linking current disabilities to active service.

The Board found that the veteran's current arthritis of the hands was not incurred during his military service or any applicable presumptive period thereafter, and thus denied his claim for service connection.

The veteran's death was not caused by a service-connected disability, and the cause of death was not due to fault on the part of VA. Therefore, the claims for service connection for the cause of death and dependency and indemnity compensation under 38 U.S.C.A. § 1151 are denied.

The veteran's loss of use of both feet is not related to a service-connected disability, and therefore SMC based on this condition is denied.

The veteran's claim for service connection for a bilateral eye disability is being remanded due to the need for another hearing.

The veteran's claim for an initial evaluation in excess of 40 percent for residuals of back injury, herniated nucleus pulposus is being remanded due to the need for additional medical records and a VA examination.

The VA denied the veteran's claim for service connection for cold injury residuals of his bilateral feet, finding that there was no evidence linking his current disability to his military service.

The veteran seeks service connection for a hiatal hernia, which he claims was present during his military service. The VA has requested additional medical examination and notification to determine the etiology of the condition.

The veteran's claim for compensation and VA outpatient dental treatment for extraction of four teeth is denied as there are no compensable service-connected conditions.

The Board found no evidence of a current lung disability and concluded that the veteran's claimed lung disability is not related to his service, including any in-service asbestos exposure. As such, the claim for service connection was denied.

The Board has denied the veteran's claim of service connection for a right eye disability, finding that new and material evidence was not submitted to reopen the previously denied claim.

The Board found that the reduction in the disability rating for gout from 40 to 20 percent was not proper and restored the original rating of 40 percent.

The veteran's appeal has been withdrawn by his representative prior to the Board making a decision.

The Board has remanded the case due to the need for a VA examination and additional notice under the VCAA. The veteran is seeking service connection for his cardiovascular disability, which he claims was aggravated by his service-connected diabetes mellitus.

The Board denied the veteran's claims for increased ratings for bilateral knees, lumbago, and hip arthralgia as they were not found to meet the criteria for higher initial ratings under VA regulations.

The Board denied the appellant's claim for recognition as the surviving spouse of the veteran, finding that she did not meet the one-year marriage requirement prior to the veteran's death.

The veteran's income exceeds the maximum annual pension rate (MAPR), thus he is not eligible for improved pension benefits.