Other conditions decisions — 2006

The Board finds that the veteran was entitled to a TDIU effective January 13, 2003 due to unemployability caused by his cardiovascular disability.

The Board found that the character of the appellant's discharge from service is a bar to the award of VA benefits, other than health care under Chapter 17.

The veteran's service-connected shell fragment wounds of the right and left thighs have been rated at 10 percent each, but his claims for increased ratings were denied as there is no evidence that these conditions warrant a higher rating.

The Board has determined that the veteran's pre-existing varicose veins, left leg did not increase in severity during his active duty service and therefore cannot be considered incurred or aggravated by service. The VA examiner opined that the symptoms experienced during service were a natural progression of the condition.

The Board denied an extra-schedular evaluation for the veteran's postoperative pilonidal cyst, finding no evidence of frequent hospitalizations or marked interference with employment.

The Board found that the veteran's claimed groin injury was not incurred or aggravated by service and denied his claim for service connection.

The Board has determined that there is no competent medical evidence of current residuals of a shell fragment wound to the right side, and thus denied the claim for service connection.

The Board finds that the veteran's death was not caused by or substantially contributed to by a service-connected disability. Additionally, the veteran did not meet the criteria for DIC under provisions of 38 U.S.C.A. § 1318 as he had not been continuously rated as totally disabled due to service-connected disabilities for a period of at least five years prior to his death.

The veteran requested withdrawal of his appeal before the Board could make a decision.

The veteran's service connection claim for a gastric ulcer is granted, as evidence shows he was hospitalized with peptic ulcer disease in 1957 within one year of his discharge. His presbyopia claim is denied due to lack of medical evidence linking it to service.

The Board denied the claim of clear and unmistakable error in the October 1976 rating action, finding that the decision was not a product of clear and unmistakable error based on the evidence available at that time.

The Board has decided to remand the case for further attempts to certify the appellant's service with the service department, including obtaining a certified copy of Form 23 Processing Affidavit on the appellant's behalf and verifying his service records.

The veteran's appeal for service connection for a lung condition previously claimed as pneumonia and a shrapnel wound to the back has been dismissed due to his withdrawal of the claim for the shrapnel wound to the back.

The Board has determined that the veteran's claimed conditions are not related to his period of service and thus denied both claims for service connection. The claim for an increased rating for sycosis vulgaris of the face was also denied.

The Board has determined that the veteran's cause of death, acute myelogenous leukemia, is related to his exposure to herbicides in Vietnam. As a result, service connection for the cause of the veteran's death is granted.

The Board has determined that the veteran's varicose veins are not due to or aggravated by his active service, and thus denied the claim for service connection.

The veteran's dermatographism associated with urticaria is rated at 10 percent, the maximum schedular rating available.

The veteran's unauthorized medical expenses incurred at a private medical center on February 8, 2004 are denied as he did not meet the eligibility criteria for payment or reimbursement under VA regulations.

The Board has determined that the avascular necrosis of the hips is proximately due to or aggravated by the service-connected diabetes mellitus, and thus grants the claim for service connection.

The VA determined that the appellant's service-connected degenerative joint disease at L1-L2 does not warrant an evaluation in excess of 10 percent.