Other conditions decisions — 2006

The Board granted increased evaluations for the veteran's service-connected bilateral hip replacements and low back syndrome, with a 50% evaluation assigned for each hip condition effective from December 1, 2002 (left hip) and January 1, 2004 (right hip). The low back syndrome was also rated at 50%.

The Board has determined that the veteran's claims for an increased rating for duodenal ulcer with recurrent diarrhea and service connection for generalized muscle and joint pain (undiagnosed illness of the Gulf War) are remanded due to inadequate notice provided. Additionally, the claim regarding reopening previously denied claims is also remanded.

The Board has determined that the veteran's discharge from service is dishonorable and therefore constitutes a bar to VA benefits.

The Board found that the veteran's current right foot condition, Charcot arthropathy, is not related to his service and denied his claim for service connection.

The Board has ordered the case to be remanded for additional development due to VCAA notice deficiencies.

The Board has determined that the veteran's currently diagnosed cardiomyopathy is related to his in-service tachycardia and grants service connection for this condition.

The Board has determined that the veteran's pre-existing foot fungus, bilateral feet, was aggravated by active service and granted service connection for this condition.

The Board has determined that the veteran does not have left thoracic outlet syndrome and that it was not incurred in or aggravated by active service. As a result, the claim for service connection is denied.

The Board found no evidence to support the claim that the veteran's service-connected conditions contributed to his death, and thus denied service connection for cause of death. The appellant also did not meet the criteria for basic eligibility for VA nonservice-connected pension benefits due to a lack of qualifying service.

The Board found that the veteran's service-connected residual laceration wound did not require hospitalization for more than 21 days, and thus denied his claim for a temporary total evaluation. The annual clothing allowance claim was also denied.

The Board has ordered additional development due to incomplete verification of the veteran's period of service in the reserves and an additional VA examination is needed.

The Board has remanded the case for further development and readjudication due to a failure to obtain VA outpatient records and an adequate rating examination.

The Board denied an earlier effective date for the grant of service connection for ALS and found no clear and unmistakable error in the July 14, 2005 rating decision.

The Board has granted the appellant's claim of service connection for cold weather injury of the feet. The right elbow condition is currently rated as noncompensable, and the issue of entitlement to an increased rating remains pending.

The Board has denied the veteran's claim of service connection for myoglobinuria and rhabdomyolysis, finding that he does not have these conditions as a result of his military service.

The Board has remanded the case to the RO for further action, including obtaining additional evidence and considering SSA records.

The Board denied a rating in excess of 20 percent for post-operative residuals of gastrectomy syndrome, finding the evidence did not show more than mild symptoms.

The Board has determined that the veteran does not have a current disability of myoglobinuria or rhabdomyolysis, and therefore service connection is denied.

The Board has remanded the case for further development, including obtaining a medical opinion to determine if any treatment provided by VA contributed to the veteran's death and whether negligence or fault was involved.

The Board has denied the veteran's claim for a rating in excess of 10 percent for nystagmus, finding that the disability does not warrant such an increase based on the current evidence.