Other conditions decisions — 2006

The veteran's service-connected T-12 fracture is currently rated at 30 percent, and the Board found that it does not warrant a higher rating based on current medical evidence.

The Board found that the veteran's service-connected conditions did not cause or contribute to his death, and thus denied the claim.

The Board has determined that the veteran's anterior poliomyelitis is not related to service and may not be presumed due to a disease incurred in or aggravated by service. The claim for service connection was denied.

The Board affirms the propriety of reducing the rating for residuals of adenocarcinoma of the prostate from 100 percent to 40 percent.

The Board denied the appellant's request to reopen her claim for service connection for the cause of the veteran's death, finding that the new evidence submitted did not relate to a previously unestablished fact and does not raise a reasonable possibility of substantiating the claim.

The Board has determined that the veteran's aphakia of the right eye does not warrant a rating in excess of 30 percent, as his corrected visual acuity is 20/60 for near distance and 20/200 for distant vision. The evidence did not show enucleation or serious cosmetic defect.

The veteran's appeal is granted, and he is now rated at 20 percent for his right foot disability.

The Board has reopened the veteran's claim of entitlement to compensation under 38 U.S.C.A. § 1151 for additional disability as a result of surgery to remove a cyst from her right index finger at the VA in September 1993, but denied it on the merits.

The veteran's application for enrollment in the VA healthcare system was denied due to his nonservice-connected status and placement in priority category 8, which is not eligible for enrollment as of January 17, 2003.

The veteran's family income for the year 2002 was found to exceed the threshold required for cost-free VA health care, resulting in a denial of his request.

The veteran's service-connected right foot disability is currently rated at 10 percent, and the Board has granted a separate evaluation for her right foot sural neuropathy (20 percent) and right fifth metatarsal surgical scar (10 percent).

The Board found that the veteran's duodenal ulcer, eye condition, and arthritis were not incurred or aggravated by service. The claim for a back disorder was denied as there was no evidence of treatment or trauma in service. The claims for dental and psychiatric disorders were also denied due to lack of secondary service connection. The hiatal hernia claim is addressed in the REMAND portion.

The Board found that the appellant's discharge from service was under other than honorable conditions due to prolonged unauthorized absences, and thus his character of service is a bar to VA benefits.

The Board has determined that the appellant does not meet the criteria to be recognized as the veteran's surviving spouse for VA death benefits purposes.

The Board has determined that the veteran's skin disorder, including scattered petechia and hemosiderosis of the legs, is likely due to service exposure to chemicals used in his entomology work. The claim for service connection is granted.

The veteran died of metastatic esophageal cancer, which is not service-connected. The Board finds no evidence to support the claim that his death was caused by exposure to asbestos or radio waves during service.

The veteran's claim for an increased rating for his service-connected gunshot wound to muscle groups XIV and XV, right thigh, with damage to right femur and degenerative joint disease of the right hip is denied as he is currently in receipt of the maximum schedular rating available under VA regulations.

The veteran's claims for earlier effective dates prior to July 16, 2003 for the assignment of a 30% disability evaluation for cold weather injuries to his left and right feet were denied as there was no factual basis prior to that date.

The Board has determined that the veteran's icthyosis vulgaris warrants a rating of 30 percent, effective from January 25, 2001.