Other conditions decisions — 2006

The Board denied the veteran's claim for service connection for a dental disorder, finding that there was no compensable dental disability attributable to fractures of teeth 8 and 9. The medical evidence did not establish any bone loss through trauma or disease such as osteomyelitis, which is required for compensation purposes.

The veteran's right tibia and fibula fracture with traumatic arthritis is currently rated at 40 percent, but the Board finds no basis for a higher rating.

The Board found that the veteran's right foot pain was not caused by negligence or other fault on the part of VA, and thus denied his claim for compensation under 38 U.S.C.A. § 1151.

The Board has determined that the veteran's post-traumatic stress disorder is a result of an in-service incident and grants service connection for this condition.

The Board found that the veteran's Crohn's disease with sclerosing cholangitis and status post cholecystectomy was appropriately rated at 60 percent from March 1, 2001. The claim for an evaluation in excess of 30 percent prior to January 31, 2001 was denied as there was no evidence of severe disability warranting a higher rating.

The Board has granted service connection for a hiatal hernia and an esophageal disability, including ulcers, based on the initial manifestations of these conditions during service.

The Board found that the veteran's HIV was not incurred or aggravated during service and denied his claim for service connection.

The Board has remanded the case due to outstanding VA treatment records and a need for a new examination. The veteran's service-connected right elbow tendonitis and bilateral heel spur disabilities are being evaluated again.

The veteran's cause of death was acute myelogenous leukemia, which is not service-connected due to lack of evidence of exposure to radiation during service and the absence of a 100% evaluation prior to his death. The DIC claim under 38 U.S.C. § 1318 also failed as there were no qualifying circumstances.

The Board granted a rating of 40 percent for the veteran's service-connected sacroiliitis, effective from February 24, 2005.

The Board has granted effective dates of September 1, 1996 for the award of a 10 percent initial rating for hallux valgus of both the right and left toes.

The veteran's claim for service connection for degeneration of the bones, teeth, spine and joints is being remanded due to the need to obtain his Social Security Administration records.

The Board has determined that the veteran's multiple lipomas do not meet the criteria for a higher rating than 10 percent, as they do not produce constant itching or extensive lesions.

The veteran died from squamous cell carcinoma of the head and neck with severe metabolic disorders. The Board finds that his death was not caused by VA hospital care, nor by VA medical or surgical treatment.

The VA has determined that the veteran's respiratory disability and permanent aggravation of Crohn's disease were not caused by or aggravated by carelessness, negligence, lack of proper skill, error in judgment, or an event not reasonably foreseeable in the furnishing of medical care by VA.

The Board found that the veteran did not file a timely appeal of the April 1962 rating decision denying service connection for a right inguinal hernia, and thus the claim is final. The Board also determined that no new and material evidence has been submitted to reopen the claim.

The Board denied an increase in the evaluation for residuals of peptic ulcer disease, status post vagotomy and pyloroplasty, finding that the evidence did not warrant a rating higher than 20 percent.

The Board has denied the veteran's claims for service connection for residuals of a hysterectomy and left leg contusion, as well as her claim for a compensable rating for a surgical scar on the abdomen. The veteran failed to report for a VA examination scheduled to determine the current severity of her service-connected surgery residual scar.

The Board has determined that the veteran's pre-existing lumbar spine disability was aggravated by service, and thus service connection is granted.

The Board denied the veteran's claim for service connection for a genitourinary disability manifested by blood in the urine, finding that there was no direct or secondary relationship to his military service and specifically noting that Agent Orange exposure is not recognized as warranting presumptive service connection.