Other conditions decisions — 2006

The Board has remanded the case for additional development, including obtaining medical records and information from the Murray City Police Department.

The VA has determined that the veteran's left knee chondromalacia does not warrant a rating higher than 10 percent, as there is no evidence of recurrent subluxation or lateral instability. The veteran's subjective complaints of pain and inflammation have been found to be unsupported by objective findings.

The Board has determined that the veteran's peptic ulcer disease was not incurred in or aggravated by active duty, and its incurrence or aggravation during such service may not be presumed.

The Board found that the debt created by an overpayment of educational assistance benefits was properly created and is valid based on VA regulations governing withdrawals from courses.

The Board has determined that the veteran's varicose veins of the left leg do not warrant a rating in excess of 20 percent, as there is no evidence of persistent edema or stasis pigmentation/eczema above the knee. The current combined disability rating for his lower extremity does not allow for an increased rating due to the amputation rule.

The Board has granted a 30 percent evaluation for the veteran's left hand disability, effective February 13, 2003. The evaluation is based on moderate incomplete paralysis of the ulnar nerve.

The Board denied the veteran's claim for an effective date earlier than September 20, 2001 for a 30% disability evaluation for his service-connected left epididymectomy and varicocele, status post left radical orchiectomy and right radical orchiectomy.

The Board found that the veteran's left eye disability, including macular changes of the left eye, was not caused or worsened as a result of VA carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault.

The Board has remanded the case for additional development, including obtaining relevant medical records and a VA neuropsychiatric examination.

The Board found that the veteran's currently diagnosed macular degeneration did not have its onset in service and is otherwise unrelated to service.

The veteran's initial claim for a compensable evaluation for his service-connected left shoulder disability was denied. A subsequent rating decision assigned him a 20 percent evaluation effective October 2, 2002, based on degenerative changes of the acromioclavicular joint.

The veteran's right leg condition is not deemed to be the result of VA negligence, carelessness, or other fault in providing medical treatment on July 30, 2001.

The Board has determined that service connection for the cause of the veteran's death is not warranted due to lack of evidence linking the glioblastoma to service or exposure to herbicides.

The Board has determined that a 20 percent disability rating is warranted for the veteran's service-connected pylorospasm from April 9, 2001 to August 7, 2002.

The Board has granted service connection for the veteran's low back disorder characterized by L-5 spondylolysis with grade II spondylolisthesis of L-5/S1, with bilateral neuroforaminal encroachment, greater on the right than the left at L-5/S-1, and mild degenerative changes. The initial evaluation for his service-connected thoracic spine disorder characterized as scoliosis with pain in excess of 10 percent disabling is also granted.

The Board found that the veteran's death was not caused by a service-connected condition and denied both his claim for service connection for cause of death and his claim for dependency and indemnity compensation under 38 U.S.C.A. § 1318.

The case is being remanded for the scheduling of a Travel Board hearing due to the appellant's hospitalization at the time of the scheduled hearing.

The Board has determined that new and material evidence has been submitted to reopen the claim of service connection for sacroiliac arthritis. The veteran's current diagnosis is ankylosing spondylitis with multiple joint arthritis, including his sacroiliac joint. While he claims a back injury during ACDUTRA led to his current condition, there is no direct evidence linking this injury to his current disability.

The veteran's periampullary adenocarcinoma was not shown to have had its onset during service or within one year after separation, and there is no evidence linking the condition to service. The Board denied the claim for service connection.

The veteran's claim for an earlier effective date for the grant of service connection for prostatitis is being remanded due to inadequate VCAA notice.