Other conditions decisions — 2007

The veteran's hip and knee disabilities are rated at 10 percent, but the Board finds that higher ratings are not warranted based on her complaints of pain during strenuous activities.

The Board has determined that new and material evidence has been received to reopen the veteran's claim of service connection for arthritis of both hands, which was previously denied in June 2001. The decision grants this portion of the appeal.

The Board has determined that the veteran's service-connected ingrown toenail does not meet or approximate the criteria for a compensable evaluation under the applicable rating schedule.

The veteran's death certificate records that he was divorced at the time of his death. The appellant, who claims to be the surviving spouse, was not married to the veteran at the time of his death and thus does not meet the criteria for a surviving spouse as defined by VA regulations.

The Board found that the veteran's dysthymia warrants a 50 percent disability rating, but denied his claims for increased ratings and service connection for hearing loss, tinnitus, and eye disability.

The veteran's prostate cancer residuals are rated at 40 percent, and the Board has granted a 60 percent rating based on urinary incontinence requiring absorbent materials changed more than four times per day.

The Board found that the right arm mass did not result from VA care and denied the claim.

The veteran's appeal has been withdrawn, and the case is dismissed.

The Board has granted the claim for service connection for the cause of the veteran's death, finding that prostate adenocarcinoma, which is subject to presumptive service connection due to exposure to herbicides, was a contributory cause of death on account of its debilitating effects and general impairment of health.

The Board has determined that the veteran does not have a chronic disability manifested by bilateral upper and lower extremity joint and muscle pain due to an undiagnosed illness or a medically unexplained multisymptom illness, and therefore denied his claim for service connection.

The Board has determined that the veteran's lower back pain is not related to his in-service sacrum injury and therefore does not warrant a compensable rating.

The Board found that the veteran did not timely file a Notice of Disagreement (NOD) regarding the August 1995 rating decision, and thus denied his appeal.

The Board has granted a 20 percent evaluation for the service-connected residuals of a right foot injury with arthritic changes and right saphenous nerve neuritis, which more closely approximates moderately severe impairment.

The VA denied the veteran's claims for service connection for various conditions, including colon cancer, colitis, nasal passage polyps, sinus cavity polyps, growth on tongue, and arthritis of the spine, all claimed to be due to herbicide exposure during service in Vietnam.

The Board has determined that the veteran's death was not caused by a service-connected disability, and thus denied the claim for service connection for the cause of the veteran's death.

The Board has determined that the veteran's current residuals of gastrectomy are not related to his active service, and thus denied his claim for service connection.

The Board finds that the veteran is entitled to a grant of service connection for his skin disorder, as it is as likely as not related to active service.

The veteran did not have any qualifying wartime service, so the appellant's claim for VA death pension benefits is denied.

The Board has determined that the veteran's skin disorder, diagnosed as scrotal pruritus and nonspecific dermatitis of the groin area, was incurred in service. The condition is not presumed to be related to Agent Orange exposure.

The Board has remanded the veteran's claims for service connection for left foot and left leg conditions due to incomplete medical records and a need for further examination.