Other conditions decisions — 2006

The Board has remanded the case for further development and adjudication due to incomplete examination reports.

The Board has determined that the veteran's right foot stress fracture with metatarsalgia does not warrant an increased rating beyond the current 20 percent evaluation.

The Board has granted a 20 percent rating for the service-connected bursitis of the right greater trochanter (hip) with stress fracture of the ramus, effective from June 3, 2004. The veteran's left eye disability remains unresolved.

The veteran is seeking compensation under the provisions of 38 U.S.C.A. § 1151 for intestinal ischemia and bowel resection, claiming these conditions resulted from VA treatment in October 1996 at a VAMC in Gainesville, Florida.

The Board found that the veteran's hemorrhagic stroke was not caused by VA fault and denied his claim for compensation under 38 U.S.C.A. § 1151.

The Board has remanded the case for additional development due to insufficient medical opinion regarding whether the veteran's cardiomyopathy is related to his military service or a pre-existing condition.

The Board denied an earlier effective date for a 100% disability rating for dysthymic disorder, finding that the earliest date of claim was June 7, 1994.

The Board has determined that the veteran's current spondylosis is not related to his service, and thus denied his claim for service connection.

The Board has granted the veteran's request to reopen his claim for service connection for back disability, finding that new and material evidence has been presented. The case is now remanded for further development including obtaining VA medical records and an examination to determine the etiology of any current back disability.

The Board is remanding the case to consider whether new and material evidence has been submitted to reopen the claim for service connection for Wegener's granulomatosis of the left lung, as well as to adjudicate the issue of entitlement to service connection due to herbicide exposure. The veteran will be afforded a VA examination.

The veteran's claim for increased ratings for chondromalacia with medial patellar plica, left and right knees prior to specific dates has been denied.,Effective October 1, 2003, the veteran is entitled to a 30 percent rating for his left knee. Effective November 1, 2004, he is entitled to a 30 percent rating for his right knee.

The Board finds that the veteran's early degenerative disease at L5-S1 is related to his service, and grants service connection for this condition. The residuals of an upper back injury are not found to be related to service.

The Board has determined that the veteran's PTSD symptoms are reasonably shown to produce occupational and social impairment with reduced reliability and productivity, warranting a 50 percent rating.

The Board has determined that the veteran's skin disability was not incurred in or aggravated by active duty, and therefore denied service connection.

The Board has determined that the appellant does not have qualifying military service and therefore, is not a veteran for VA benefits purposes. As such, the claim for VA benefits is denied.

The Board has remanded the case for further development, including scheduling a VA pulmonary examination to assess the veteran's residuals of recurrent pneumothorax and thoracotomy. The veteran is entitled to an increased rating in excess of 10 percent for these conditions.

The Board dismissed the appeal because the appellant did not file a timely Notice of Disagreement (NOD) with respect to the March 2003 decision denying eligibility for VA benefits.

The appellant's claim for improved death pension benefits was denied because her income exceeded the legal limit as of December 2, 2002.

The Board has determined that new and material evidence has not been received to reopen the claim seeking veteran status and legal entitlement for VA benefits, resulting in a denial of the appeal.

The veteran's appeal has been withdrawn, and the case is dismissed.