Other conditions decisions — 2006

The Board has determined that the veteran's left eye pterygium began during his service and is a result of in-service disease or injury, thus granting service connection.

The Board has determined that the cause of the veteran's death, cardiomyopathy, was not incurred in or aggravated by service and therefore denied the claim for service connection for the cause of the veteran's death.

The veteran's appeal has been dismissed due to his death.

The Board has determined that the veteran does not have active malaria or residuals of malaria, and thus a compensable rating for vivax malaria is denied.

The veteran's service-connected residuals of a basilar skull fracture, which includes headaches, depressive neurosis, and difficulty concentrating, are currently rated at 30 percent. The Board has determined that the disability is more appropriately evaluated under Diagnostic Code 9400 for generalized anxiety disorder, resulting in a 50 percent rating.

The veteran's claim for service connection for ankylosing spondylitis is being remanded due to the submission of new evidence and the need for additional medical opinions.

The Board has denied the veteran's claims for service connection for arthritis, an eye disability, and residuals of a back injury. The appeals regarding hearing loss and coronary artery disease with myocardial infarction were not addressed as they are final decisions.

The Board denied the veteran's claim for nonservice-connected disability pension benefits due to a lack of active service during any recognized period of war, and as there was no evidence of wartime service or entitlement to VA pension benefits.

The veteran was properly declared rehabilitated to the point of employability under Chapter 31, Title 38, United States Code in May 1998. The appeal is denied.

The Board has determined that the veteran's service-connected duodenal ulcer with hyperacidity syndrome and tropical sprue does not warrant an increased rating beyond 30 percent.

The veteran's right femoral head avascular necrosis with post-traumatic arthritis of the hip and leg shortening was evaluated at a minimum level (20%) from June 17, 1981, through August 4, 1991.

The Board has ordered the case to be remanded for a VA examination and readjudication due to insufficient information in the previous examination.

The Board denied the veteran's claims for increased ratings for her service-connected varicose veins of both legs, finding that the current ratings of 40 percent are appropriate based on the severity of symptoms such as persistent pain, edema, stasis pigmentation, and skin rash consistent with folliculitis.

The Board denied the claim for DIC under 38 U.S.C.A. § 1318 because the veteran was not in receipt of a permanent and total service-connected disability rating at the time of his death, thus failing to meet the legal requirements.

The Board has denied the veteran's claim for service connection for a chronic respiratory disorder, including left hemidiaphragm paralysis. The case is being remanded to obtain additional evidence and review the issue on appeal.

The Board is remanding the case to address the veteran's appeal for an earlier effective date for TDIU, as well as other issues related to service connection and rating.

The VA denied the veteran's claim for an increased evaluation for his psychophysiologic gastrointestinal disorder with duodenal ulcer disease, currently rated at 20 percent.

The Board has determined that the veteran's claim for an initial evaluation in excess of 10 percent for residuals of a fracture of the proximal distal phalanx of the right third finger is denied as there is no clinical evidence of ankylosis and the medical findings do not provide a basis on which the disability may be evaluated pursuant to the criteria for amputation.

The veteran's appeal is being remanded due to the need for additional medical opinions and records. The case will be reviewed again, including consideration of staged ratings for his service-connected headaches.

The Board denied an increased rating for a duodenal ulcer, finding that the evidence did not support a compensable disability rating and noting the veteran's failure to report for scheduled VA examinations.