Other conditions decisions — 2006

The veteran's claim for an increased rating for his right knee disability is being remanded due to the need for a new VA examination and consideration of all submitted evidence.

The Board has granted increased ratings of 20 percent for the service-connected post-operative residuals of subluxation of the right sternoclavicular joint and umbilical hernia, status post operative. The left knee issue is pending further development.

The Board found that the veteran's claimed conditions were not incurred or aggravated by service and denied all claims for service connection.

The veteran's service-connected patellofemoral syndrome of the right knee is currently evaluated at 10 percent, and the Board finds no basis for a higher evaluation.

The veteran's service medical records do not show a chronic right third toe disorder. There is no post-service evidence of such disability. The Board finds that the preponderance of the evidence is against the claim for service connection.

The Board found that the cause of the veteran's death was due to tobacco use, which is not service-connected. The claim for service connection for the cause of death was denied.

The Board denied the veteran's claims for service connection for hernia, a left orchiectomy as secondary to hernia, torn urethra with urethritis, and residuals of a left foot fracture. The evidence did not establish that these conditions were incurred in service.

The Board denied the appellant's claim to revoke forfeiture of VA death benefits, finding that new and material evidence had not been submitted. The decision is based on the fact that the original forfeiture was due to a misrepresentation regarding her marital status.

The Board denied the appellant's attempt to reopen her claim for VA death benefits, finding that no new and material evidence had been submitted.

The veteran's claim for an increased initial rating for a bilateral shin condition is being remanded due to the need for additional medical examination and consideration of appropriate diagnostic codes.

The Board denied the appellant's claims for service connection for the cause of her husband's death and for accrued benefits, finding that there was no evidence linking any respiratory disorder, pneumonia, or paralysis to service.

The Board denied the appellant's claim for VA death benefits as her deceased spouse did not have verified active military service with the U.S. Armed Forces.

The Board found that the decedent's death was not caused by a service-connected disability, and therefore denied his claim for service connection for cause of death.

The Board denied the appellant's request to reopen her claim for recognition as the surviving spouse of the veteran, finding that no new and material evidence had been submitted.

The veteran's cause of death, liver metastasis due to colon cancer, is not service-connected as the cancer was not present in service and there is no evidence linking it to exposure to herbicides. The Board finds that service connection cannot be granted on a direct or presumptive basis.

The Board has determined that the veteran's service-connected ankylosing spondylitis caused his ulcerative colitis, which in turn contributed to his death from cancer. The Board finds that the colitis had a material influence in accelerating the veteran's death and grants service connection for the cause of death.

The VA performed a TURP on the veteran in April 2001, but subsequent medical records do not indicate any chronic additional disability resulting from this procedure. The Board found no evidence of obstructive uropathy or other symptoms as a result of the VA treatment.

The Board has determined that the July 1953 rating decision denying service connection for poliomyelitis was clearly and unmistakably erroneous due to a failure to apply a regulatory provision creating a presumption of service connection.

The Board has determined that the veteran's chronic right eye optic neuritis did not originate during active service and is not related to his inservice right eye injury. As a result, the claim for service connection is denied.

The veteran's appeal for an increased rating for his service-connected callus of the left foot, post operative, is being remanded due to scheduling issues and the need for additional medical examination.