Other conditions decisions — 2007

The veteran's service-connected right knee disability, characterized by patellofemoral pain syndrome with chondromalacia, is currently rated at 10 percent.

The veteran's ventral hernia was initially rated at 20 percent from November 13, 2002 to November 3, 2005. Since then, a higher rating of 40 percent has been denied.

The Board dismissed the veteran's claim that there was clear and unmistakable error (CUE) in a June 1970 rating decision which assigned a 30 percent disability rating for service-connected left leg gunshot wound residuals.

The veteran's claim for special monthly pension based on the need for regular aid and attendance of another person is being remanded due to the need for additional medical records and an examination.

The Board has remanded the case for additional development due to incomplete records and failure to comply with previous remand instructions.

The Board has determined that the veteran's death was caused by malaria during service, which contributed to his fatal bronchopneumonia with septicemia. The claim for accrued benefits is denied as it was not filed within one year of the veteran's death.

The veteran withdrew his appeal before the Board could make a decision.

The veteran's claim for an increased evaluation of poliomyelitis with partial paralysis of the left leg was denied as there are no active afebrile disease residuals. The claim for TDIU was also denied due to lack of evidence showing unemployability solely due to service-connected disabilities.

The Board has determined that new evidence submitted since the January 1980 rating decision does not raise a reasonable possibility of substantiating the claim for service connection for the cause of the veteran's death. The claims for increased rating, housebound benefits, and/or aid and assistance benefits remain pending.

The Board denied the veteran's claim for an effective date earlier than August 31, 2001 for the award of a total disability rating based on individual unemployability (TDIU) due to lack of evidence showing that his service-connected disabilities alone precluded him from engaging in substantially gainful employment during the year prior to August 31, 2001.

The Board has denied the veteran's claims for service connection for arthritis and an immune system disorder, finding that there is no evidence linking these conditions to his military service or any pre-existing disabilities.

The Board has remanded the veteran's competency issue due to insufficient evidence and improper notification of the VA examination.

The Board has granted the veteran's claim for service connection for HIV-related illness, finding that symptoms in service are consistent with acute HIV infection and that the time frame between exposure to the virus and development of AIDS is consistent with medical authorities.

The Board has found that the veteran's current nasal/sinus disability was not incurred in or aggravated by active service and denied his claim for service connection.

The VA determined that the veteran does not have a current disability of chronic pneumonia, and thus denied his claim for service connection.

The veteran wishes to withdraw his appeal regarding the September 1997 rating decision, and as a result, the Board has dismissed the appeal.

The Board has determined that the appellant is entitled to DIC benefits under hypothetical entitlement theory due to her spouse's death from metastatic bowel cancer.

The VA denied a request for an increased rating for the veteran's service-connected left foot injury, currently rated at 20 percent.

The Board denied the veteran's claim for service connection for a loss of taste, finding that there was no medical evidence showing that his current condition was related to his service-connected residuals of skull fracture with craniotomy and loss of smell.

The veteran's loss of taste is found to be related to his service-connected residuals of a skull fracture with craniotomy and loss of smell, thus granting service connection for this condition on a secondary basis.