Other conditions decisions — 2006

The Board denied increased ratings for residuals of a gunshot wound to the right leg and chronic venous insufficiency of the right lower extremity, finding that the evidence did not warrant an increase in either rating.

The veteran's service-connected cervical spine disability is primarily manifested by severe limitation of motion, and the spine is not ankylosed. The RO has granted a 30 percent evaluation for recurrent neck sprain with degenerative changes.

The Board denied the appellant's claims for service connection for the cause of her husband's death and entitlement to Dependency and Indemnity Compensation (DIC) under 38 U.S.C.A. § 1318, finding that there was no evidence linking the veteran's death to his service-connected conditions or any other condition.

The Board has remanded the veteran's case to the RO for further development due to scheduling issues. The veteran is seeking an increased evaluation for his right inguinal hernia and a TDIU rating.

The veteran had no pending claim for an increased disability rating for his service-connected respiratory disorder at the time of his death, making the appellant's accrued benefits claim without legal merit.

The Board has granted higher disability evaluations for the veteran's service-connected conditions, including loss of use of both lower extremities (100%), urinary incontinence (60% since June 9, 2005), bowel incontinence (30%), paresis of the left upper extremity (30%), and paresis of the right upper extremity (20%). The veteran's nystagmus remains at a 10% rating.

The veteran's appeal is being remanded due to its inextricability with other claims, and a decision on the issue of attorney fees from past-due benefits would be premature.

The Board has ordered additional development to determine if the veteran's fatigue, shortness of breath, and skin disorders are related to an undiagnosed illness during service. The case will be returned for further consideration.

The Board has vacated the previous denial of service connection for prostatitis and non-nephrotic proteinuria with IgA nephropathy due to new evidence submitted by the veteran. The claims are now pending again.

The Board has determined that the veteran's prostatitis and non-nephrotic proteinuria with IgA nephropathy are related to his military service, granting his claims for service connection.

The Board denied the veteran's increased rating claims for chronic back strain and postoperative hiatal hernia, finding that the evidence did not meet the criteria for a higher rating under the applicable VA rating schedule.

The Board denied the claim for service connection for the cause of the veteran's death, finding that lung cancer was not incurred in or aggravated by military service.

The VA determined that the veteran's right knee meniscectomy, now manifested by degenerative joint disease and other symptoms, warrants a 10 percent rating under Diagnostic Code 5259.

The Board denied the veteran's request to reopen his claim of service connection for residuals of Lymphoma, Non-Hodgkin's, claimed as due to ionizing radiation. The evidence submitted since the last denial was found not to be new and material.

The veteran's claim for an increased evaluation for his service-connected back disability was denied by the RO. The evidence did not meet the criteria for a higher rating under any applicable diagnostic codes.

The Board has remanded the case due to the need for additional development, including a VA examination and VCAA notice.

The veteran's in-service shrapnel wound to the left arm did not result in a chronic disability, and therefore service connection for residuals of this injury is denied.

The Board has ordered a remand due to conflicting opinions regarding the veteran's kidney disorder and its onset. The case will be returned for further examination and opinion from a VA specialist.

The Board has determined that the veteran's current prostate condition is related to his service and has granted service connection for this condition.

The Board found that the veteran's cause of death was not related to his military service and denied entitlement to DIC under 38 U.S.C.A. § 1151 for the cause of death as a result of VA treatment.