Other conditions decisions — 2006

The Board found that the veteran's bilateral eye disorder, including cataract surgery and bilateral aphakia, was not incurred in or aggravated by active service.

The Board has granted a 30 percent disability rating for the veteran's service-connected vaginitis, which is the maximum schedular rating possible.

The veteran's claims for increased ratings for chondromalacia patellae of the left and right knees were denied. The RO found that his knee disabilities did not meet or approximate criteria for a higher rating.

The Board denied the veteran's claim for an increased rating for his service-connected osteochondritis dissecans of the right talus with degenerative joint disease, finding that the evidence did not show ankylosis and thus no higher disability rating was warranted.

The Board denied the veteran's claim for a compensable rating for the residuals, including a scar, of a fracture of his right fourth and fifth metacarpals due to lack of impairment in these digits or as a result of them that would support a higher (i.e., compensable) rating.

The Board has determined that the veteran's service-connected hip disabilities have not met the criteria for a compensable rating prior to March 10, 2004. Since then, there is no evidence of arthritis or painful motion warranting any compensation.

The veteran's scoliosis of the cervicothoracic spine is currently manifested with normal range of motion, and he was previously assigned a noncompensable rating. The RO increased his disability rating to 10 percent in September 2003.

The veteran's appeal is remanded to determine an earlier effective date for the award of a total rating for compensation based upon individual unemployability due to service-connected disabilities, including consideration of potential clear and unmistakable error in the assignment of the right hand disorder effective date.

The Board has remanded the case for additional development, including a search of service medical records and a VA examination to determine if there is a relationship between any current right foot impairment, including the second toe deformity, and service.

The Board has determined that amyloidosis was not incurred in or aggravated by service and may not be presumed to have been incurred therein. The evidence does not support a finding of service connection for amyloidosis.

The Board denied the appellant's application for nonservice-connected pension benefits due to a lack of qualifying service in the United States Armed Forces, and thus he is not eligible for these benefits.

The Board has determined that the veteran's right fourth toe disability warrants a 20 percent rating, as it is currently manifested by slight claw toe deformity, limited motion without pain, and a recurrent hyperkeratotic patch under the right fourth metatarsal resulting in moderately severe pain upon weight bearing.

The Board has determined that the veteran does not have left foot hammer toes or gout of the feet, and therefore service connection for these conditions is denied. The evaluation for bilateral pes planus with arthritis, right foot hallux valgus, and hammer toes remains unchanged as there is no evidence of a current disability.

The Board has determined that the veteran's claims for increased ratings for nasal bone fracture residuals and left maxilla fracture residuals are denied as there is no evidence of moderate displacement or malunion/nonunion of the maxilla, respectively.

The Board denied service connection for chronic visual and ear problems, both claimed as manifestations of an undiagnosed illness. The evidence did not support a finding that these conditions were related to active military service.

The Board has ordered further development due to the Court's remand, including requesting in-patient hospitalization reports and an addendum from a VA examiner.

The Board found no evidence of a current duodenal ulcer and concluded that the veteran's gastrointestinal disorder is not related to his military service.

The veteran's appeal is being remanded for further development of his claim for special monthly compensation based on the need for aid and attendance.

The Board has determined that the veteran's current disability of a movement disorder with severe spasmodic torticollis and tremor of the right upper extremity pre-existed service but increased during service. The evidence does not clearly and unmistakably demonstrate that the condition was not aggravated by service, thus granting service connection.

The Board has remanded the case to the RO for obtaining any pertinent evidence identified by the appellant and readjudicating the issue of an earlier effective date for VA death pension benefits. The appellant will be provided a Supplemental Statement of the Case if the issue remains denied.