Other conditions decisions — 2007

The VA denied a higher evaluation for the veteran's service-connected vagus nerve damage (10th cranial nerve) prior to May 28, 2004 and from July 1, 2004.

The Board determined that the veteran's service-connected spondylolisthesis, L4-L5 warrants a rating of 40 percent, which is the maximum schedular rating available under Diagnostic Codes 5289 and 5292.

The veteran's claim for service connection for knuckles of both hands and initial rating for cervical spine disorder was denied. The Board found no evidence to support the claims.

The Board denied the veteran's claim for an earlier effective date for service connection for photophobia based on CUE in the August 18, 1992 rating decision.,The TMJD issue was not decided as it is unclear whether the condition was present in service or related to a service-connected condition.

The Board has determined that the veteran was not a prisoner of war (POW) during his service and therefore does not meet the criteria for benefits as a former POW. The claim is denied.

The veteran's service in the Philippine Army and recognized guerrillas from April 1943 to May 1946 did not qualify for VA death pension benefits. The appellant's claim for accrued benefits was received more than one year after her husband's death, thus failing to meet the statutory deadline.

The Board has determined that the veteran's claimed conditions are not related to his active duty service and therefore denied both claims for service connection.

The Board has remanded the veteran's claims of service connection for a chronic skin disorder and soft tissue sarcoma, both claimed as secondary to Agent Orange exposure. The issues have been returned to the RO for further review.

The Board has granted an effective date of September 1, 1997 for the award of DIC benefits for the veteran's two children. The appellant provided the necessary documentation in a timely manner after being asked to do so.

The Board has granted a 30 percent disability rating for the veteran's service-connected vasodepressor response with syncope, effective from August 27, 2004. The veteran previously received a 10 percent rating.

The veteran's application for Service Disabled Veterans Insurance (RH) was denied because it was submitted outside the two-year time limit following his service connection award for cold injury residuals of the right and left foot.

The veteran claims service connection for an angio-spasm of the arteries in his right leg, which he contends was incurred during military service. The RO denied this claim on the basis that the disorder pre-existed service and was not aggravated therein. The Board has decided to remand the case for further development.

The Board has determined that the veteran's squamous cell carcinoma of the left piriform sinus is not related to service, including exposure to herbicides like Agent Orange.

The Board found that the veteran's oropharyngeal tonsillar squamous cell carcinoma was not incurred in service and denied his claim for service connection, concluding that there is no evidence of herbicide exposure during service.

The Board has remanded the case for further development, including obtaining medical records and scheduling a VA examination. The veteran's claim of service connection for membranous glomerulonephritis with nephrotic syndrome is being reviewed.

The Board has determined that the veteran's status post amputations of the right second toe and left great toes were not incurred in or aggravated by service, and compensation benefits pursuant to the provisions of 38 U.S.C.A. § 1151 for the left great toe are also denied.

The veteran's claims for increased ratings and an earlier effective date were denied. The RO assigned a 10 percent rating for the left knee condition, effective May 18, 1993.

The Board found no evidence of a service connection for porphyria cutanea tarda, and denied the claim.

The Board has denied the veteran's claims for service connection for a stomach disorder and fatigue, finding that there is no evidence of chronic conditions in service or continuity of symptomatology after service. The preponderance of the evidence does not support a finding that these conditions are related to military service.

The Board is remanding the case to address whether new and material evidence has been received to reopen a claim regarding injuries sustained on May 13, 1978. The veteran's original claim was denied due to his own willful misconduct.