Other conditions decisions — 2007

The Board denied the veteran's claims for an increased rating for his service-connected left buttock shell fragment wound residuals and service connection for a lower extremity vascular disability, finding that the evidence did not support these claims.

The Board has reopened the veteran's claim of entitlement to service connection for postoperative residuals of a vascular anomaly of the right carotid artery with compression of the right optic nerve and determined that new and material evidence had been received. The Board found that an acquired vascular disability was demonstrated in service, raising a reasonable possibility of substantiating the claim.

The Board has determined that the veteran's left elbow disability, which is rated at 20 percent, does not warrant a higher rating based on current evidence of record.

The Board found that the veteran does not have a respiratory disorder attributable to his military service and denied his claim for service connection.

The Board has determined that the veteran does not have a low back disorder or sleep disorder due to disease or injury incurred in service. The current disorders are related to post-service workplace injuries.

The Board of Veterans' Appeals has determined that there are outstanding VA treatment records from the Kansas City VA Medical Center relevant to the veteran's claims for arthritis of the spine and spondylolisthesis. The case is REMANDED for these records to be obtained, as well as notification regarding what evidence and information is necessary to reopen his claim of service connection for spondylolisthesis.

The Board found that the veteran's squamous cell carcinoma was not incurred in or aggravated by his military service, and may not be presumed to have been so incurred. The claim for service connection is denied.

The claim for DIC benefits under the provisions of 38 U.S.C.A. § 1318 is denied as there was no service-connected disability rated totally disabling at the time of death.

The Board found that the reduction of the veteran's disability compensation benefits due to incarceration was proper, but determined that the effective date should be April 1, 2002.

The Board has determined that the veteran's current back disorder is not related to service, including parachute jumps and lifting inebriated comrades. The claim for service connection is therefore denied.

The RO has declined to grant a TDIU due to the veteran's service-connected low back disability. The case is REMANDED for further development and adjudication, including consideration of an increased rating for the service-connected herniated nucleus pulposus.

The veteran's appeal regarding a compensable rating for left testicle atrophy has been withdrawn. The claim for an increased rating for HIV infection with lymphadenopathy remains denied as the disability does not meet the criteria for a higher evaluation.

The veteran's appeal is remanded due to missing medical records of her son, which are necessary for a complete evaluation of her claim. The case will be returned to the Board once these records are obtained.

The Board has determined that the veteran's service-connected medial epicondylitis of the right elbow and left trapezial strain warrant a rating of 10 percent each, but there is no evidence to support higher ratings. The current ratings adequately reflect the severity of these conditions.

The Board denied a higher initial evaluation for service-connected residuals, bilateral herniorrhaphy, finding that the evidence did not support a rating in excess of 10 percent.

The veteran's bony mallet deformity of the left long finger with non-united avulsion fragment is rated as non-compensable, and there are no periods during which a compensable rating would be warranted.

The veteran's appeal has been dismissed due to his death.

The veteran's unauthorized private emergency services on June 7, 2002 were reimbursed as his condition met the criteria for an emergency medical situation.

The Board has denied the veteran's claims for service connection for avascular necrosis of the hips and increased disability ratings for lumbosacral spine injury with ischial radiculopathy, hypertension, and bilateral hearing loss. The evidence did not support a finding that these conditions were incurred in or aggravated by service, nor was there sufficient evidence to establish secondary service connection.

The Board denied service connection for a left eye disorder and found that the effective date of an increased rating from 10 percent to 40 percent for right elbow disability should be August 4, 2006.,It was determined that there is no factual evidence showing the increase in the veteran's right elbow disability prior to August 4, 2006.