Other conditions decisions — 2006

The Board denied the veteran's claim for service connection for cleft palate, finding that no new and material evidence had been submitted to reopen the claim. The RO in January 1985 initially denied the claim based on the absence of aggravation due to surgery during service.

The Board has granted an increased rating of 10 percent for degenerative joint disease with painful motion in both knees, effective July 29, 2002. The veteran's right knee disability is rated under Diagnostic Code 5260 (limitation of flexion) and Diagnostic Code 5257 (impairment of the knee), while his left knee disability is rated under Diagnostic Code 5257.

The Board has denied the veteran's claim for an increased rating for his service-connected duodenal ulcer, finding that there is no current evidence of a duodenal ulcer or associated symptoms.

The case is being remanded to obtain the veteran's service medical records, which are believed to contain information relevant to his cause of death claim. The appellant will be given an opportunity to respond after the additional development.

The Board found that the cause of the veteran's death, metastatic esophageal carcinoma, was not caused by his service or any related condition. The appellant claimed exposure to Agent Orange during service contributed to the cancer, but the Board determined this claim could not be substantiated due to lack of evidence and because the Secretary has not specifically determined a presumption of service connection for esophageal cancer.

The veteran seeks an earlier effective date for a compensable disability evaluation for left foot heel spur, as due to clear and unmistakable error in a September 1999 rating decision. The Board finds that the September 1999 rating decision was not clearly and unmistakably erroneous.

The veteran's claims for service connection for scoliosis with back pain and a right hand disorder are being remanded due to the need for additional development, including obtaining medical records and scheduling a VA examination.

The VA determined that the appellant's guerilla unit has never been officially recognized by the U.S. Department of the Army and thus, there is no valid military service in the U.S. Armed Forces to establish veteran status.

The Board has remanded the case due to insufficient development of evidence regarding asbestos exposure during service and a need for an appropriate VA examination.

The veteran's claim for an increased rating of postgastrectomy syndrome was denied as the disability picture more closely approximates a 40 percent rating.

The Board has determined that the appellant's pre-existing cerebral palsy was not aggravated during service, and thus the presumption of soundness is rebutted. Therefore, service connection for cerebral palsy is denied.

The Board has granted an initial 20 percent rating for the veteran's service-connected epididymal cyst, effective from November 2001. The veteran also received a separate 30 percent rating for his tinea versicolor starting from August 30, 2002.

The Board has ordered the case to be remanded for further development and consideration of whether new and material evidence has been received to reopen a claim of entitlement to service connection for a chronic acquired gastrointestinal disorder, including peptic ulcer disease.

The Board's November 9, 2005 decision to remand seven claims of service connection is being reviewed for CUE. The motion has been withdrawn.

The Board has determined that new and material evidence has not been received to reopen the claim for service connection for a duodenal ulcer, which was previously denied in April 1982. The final decision remains unchanged.

The Board has granted service connection for adjustment disorder, a psychiatric disability. The veteran's pending claim for TDIU is being remanded to the RO for further consideration in light of this award.

The Board has determined that the veteran's hydrocephalus pre-existed service and was not aggravated by active duty, thus denying service connection for arrested hydrocephalus with nervous condition.

The Board has granted a 10 percent evaluation for the residuals of service-connected right tibia fracture, effective from December 1974.

The Board has denied the veteran's claims for higher initial ratings for dysthymic disorder, right leg varicose veins, and status post retroverted uterus and uterine suspension surgery.

The veteran's claim for an increased disability evaluation for postoperative residuals of a left femur fracture is denied as the evidence does not show malunion of the femur with marked knee or hip disability, warranting a higher rating.