Other conditions decisions — 2006

The Board denied service connection for post-traumatic stress disorder due to a lack of credible evidence supporting the veteran's claimed in-service stressors and combat service.

The veteran's spondylolysis at L5 with nerve root irritation at L5-S1 is currently rated as 20 percent disabling. The Board has determined that the evidence supports a higher rating of 40 percent, which takes into account severe limitation of motion in the lumbar spine.

The Board has determined that the veteran's bladder problem/strain existed prior to service and was not caused or worsened by his period of active military service. The veteran currently exhibits no more than Level III hearing in his right ear, which does not meet the criteria for an initial compensable evaluation.

The Board found that the veteran's right elbow disability, while painful and limited in range of motion, did not meet the criteria for a rating higher than 10 percent under any applicable diagnostic codes.

The Board granted a 30 percent rating for the service-connected deviated septum, described as facial disfigurement, residuals of traumatic nasal fractures, effective from the date of his claim. The dermatophytosis of both feet was not shown to meet the criteria for a compensable rating.

The Board denied service connection for the cause of the veteran's death, finding that cholangitic carcinoma was not related to his active duty service.

The veteran's service-connected residuals of frozen right and left feet are currently rated at the maximum schedular rating of 30 percent. The Board finds no evidence of any unusual or exceptional circumstances, such as marked interference with employment or frequent periods of hospitalization related to these conditions, that would take her case outside the norm.

The Board has determined that the veteran's current bilateral eye disability is not related to his service, and thus denied his claim.

The Board found that the veteran's spondylolysis was a congenital condition preexisting service and not aggravated by service. Therefore, it denied his claim for service connection.

The VA determined that the veteran was a fugitive felon from November 28, 2001 to August 26, 2003 and discontinued his compensation payments for this period. However, it is not shown that he knew about the warrant prior to being notified by VA in June 2003, thus the overpayment was improperly created.

The Board has determined that the veteran does not currently have a liver disability for purposes of service connection.

The Board has determined that the cause of the veteran's death, emphysema, was not caused or aggravated by service-connected conditions, including cold exposure and trenchfoot. The claim for service connection for the cause of the veteran's death is denied.

The Board has determined that new and material evidence has been received to reopen the claim of service connection for a back disability. The issue of increased ratings for right femur fracture and right humerus fracture residuals is remanded due to incomplete service medical records.

The veteran was granted service connection for his right posterior parasagittal meningioma in January 2004, effective January 19, 2004.

The Board denied the veteran's claim for service connection for pleural plaque thickening as a result of asbestos exposure, finding no new and material evidence to reopen the claim.

The Board has remanded the case to the RO for further action, including requesting an opinion from VA's District Counsel regarding the validity of the appellant's alleged marital relationship with the veteran. The claim will be readjudicated based on all evidence of record.

The Board has reopened the previously denied claim of service connection for a disability manifested by memory loss (on a direct basis) and granted it. The evidence received since the RO's February 1999 denial is considered new and material, raising a reasonable possibility of substantiating the claim.

The Board denied the veteran's claim for service connection for the cause of his death due to colorectal carcinoma, finding that it was not caused by his military service or exposure to Agent Orange. The DIC claim under 38 U.S.C.A. § 1318 was also denied as the veteran did not have a service-connected disability rated at 100% for 10 years prior to death.

The veteran's appeal is denied as he does not meet the basic eligibility requirements for nonservice-connected pension benefits due to nonqualifying service.

The case is being remanded to gather more medical opinions and additional evidence before a decision can be made on the issue of whether the appellant is entitled to service connection for the cause of the veteran's death.