Other conditions decisions — 2006

The Board has decided to remand the case for additional development, including obtaining a medical opinion regarding whether there was any additional disability following the veteran's surgeries and if so, whether it was due to carelessness or negligence on VA's part.

The Board has determined that the veteran does not have current residuals of malaria and therefore, his claim for a compensable rating for this condition is denied. The issue of an increased rating for gunshot wound to the left arm remains pending.

The Board has determined that the veteran's irritable colon syndrome is manifested by alternating diarrhea and constipation with more or less constant abdominal distress, warranting a 30 percent rating.

The Board has determined that the criteria for restoration of a 40 percent evaluation for Reiter's syndrome are not met, and thus the claim is denied.

The Board has ordered a remand due to incomplete records and the need for additional development, including obtaining VA medical records from the Los Angeles VA Medical Center where the veteran was hospitalized in December 1989.

The Board has granted a 10% initial evaluation for left elbow tendonitis, effective from August 20, 2000. Service connection for asbestos exposure was denied as there is no current disability due to such exposure.

The Board found no evidence linking the veteran's current cognitive disorder to his military service, and denied his claim for service connection.

The Board denied the veteran's claims for increased ratings for ankylosing spondylitis of the lumbar, cervical, and thoracic spine segments. The RO had previously granted service connection for Reiter's syndrome with ankylosing spondylitis effective July 26, 2001.

The case is being remanded for proper notification and additional development to address the appellant's claim for DIC under provisions of 38 U.S.C.A. § 1151.

The Board has determined that the veteran does not have a bilateral foot disability related to his service and therefore denied the claim of entitlement to service connection for a bilateral foot condition.

The Board has ordered the case to be remanded for further development, including obtaining medical records and a VA physician's opinion on whether malaria was a contributing cause of the veteran's death.

The Board denied the veteran's claim to reopen his service connection for a bilateral eye disorder, finding that new and material evidence had not been submitted.

The Board has determined that the deceased did not have qualifying service in the U.S. Armed Forces and therefore, the appellant is not eligible for VA benefits.

The veteran's TDIU claim is being remanded due to the need for a more comprehensive examination and opinion regarding his ability to secure or follow substantially gainful employment given his service-connected varicose veins.

The Board has determined that the veteran's death due to bronchiogenic cancer was not caused by disease or injury incurred in or aggravated by active service.

The Board denied the appellant's claim for former prisoner-of-war (POW) status, finding that there was no reasonable basis to question the service department's determination that the appellant was not a POW.

The Board has determined that the appellant is not entitled to an apportionment of the veteran's VA compensation benefits on behalf of their minor children, T.L. and A.L., due to the veteran providing support in compliance with a court order issued in Pennsylvania.

The Board finds that a separate rating for the service-connected osteomyelitis of the left tibia is denied as it would violate the 'amputation rule' under VA regulations.

The veteran's application for enrollment in the VA healthcare system was denied due to not meeting eligibility criteria, specifically falling into priority category 8 and having an application received after January 17, 2003.

The veteran withdrew his appeal for a TDIU rating, thus the case is dismissed.