Other conditions decisions — 2007

The Board dismissed the motion alleging CUE in their June 2005 decision due to insufficient details and failure to comply with the requirements for a motion based on clear and unmistakable error.

The Board found that the appellant's right foot disorders, including stasis dermopathy, chronic venous insufficiency of the right foot, calcaneal spurs and degenerative joint disease of the metacarpophalangeal joint of the right big toe, did not have their onset in service or are otherwise directly related to service. The Board also found that varicose veins were not incurred in or aggravated by service.

The Board of Veterans' Appeals (Board) has terminated the appellant's accreditation as an agent for representing veterans in their claims before VA due to violations of 38 U.S.C.A. § 5904, including knowingly presenting false information and accepting unlawful compensation.

The veteran's hypertensive retinopathy is not manifested by corrected central visual acuity of 20/40 in one eye and 20/50 in the other eye, thus a compensable rating for this condition is denied.

The Board has determined that the veteran's left hand disability, characterized by moderate incomplete paralysis of the ulnar/radial nerve and a tender, superficial scar at the site of the in-service laceration, warrants a 20 percent evaluation. The claim is granted.

The veteran's claim for an increased rating for his service-connected residuals of Ludwig's angina, including scars and myofascial pain of the cervical spine, was granted. The current evaluation is 10 percent.

The Board denied the veteran's claims for service connection for dysthymia and entitlement to a total rating based on individual unemployability (TDIU) due to lack of new and material evidence supporting his claim.

The Board denied an increased rating for the veteran's left eye pterygium with irregular astigmatism, finding that a 20 percent rating was warranted from March 23, 1999 to May 17, 2006. The issue of entitlement to a higher rating is not addressed in this decision.

The veteran's appeal is being remanded for additional development, including obtaining VA treatment records and inviting the veteran to submit employment or other records documenting the impact of his service-connected pterygium on his employment. The issue of entitlement to an initial rating in excess of 10 percent for shrapnel wound of the right buttock must also be addressed.

The Board has determined that the veteran's agoraphobia, a psychiatric disorder, was incurred in service.

The veteran's claim for a higher rating for bullous emphysema from August 16, 2003 is being remanded due to the need for additional medical records and further examination.

The Board has determined that the veteran's gastrointestinal disorders, including diverticulosis and Crohn's disease, were not incurred or aggravated during service. The claim is denied.

The veteran's avascular necrosis of the right femur is not caused by VA medical care, and thus compensation under 38 U.S.C.A. § 1151 for her hip replacement is denied.

The VA denied a rating in excess of 10 percent for the veteran's cyst on the right tibia, finding that his disability did not meet criteria for higher ratings based on limitation of motion or other diagnostic codes.

The veteran's claim for VA payment of emergency medical services received at Nassau University Medical Center is denied because the veteran had Medicare coverage, which provided partial payment for the treatment.

The veteran is seeking an increased evaluation for his service-connected residuals of a right clavicle fracture. The RO granted service connection and assigned a 20 percent rating, effective February 24, 2003. However, the veteran contends that his disability is more severe than what is currently rated.

The Board has denied the veteran's claim for an increased disability rating for his service-connected right neck shell fragment wound and a separate compensable disability rating for his service-connected right thigh donor site scar.

The Board denied an increased evaluation for residuals of hypoplastic lymphatics, right foot, finding that the disability does not warrant a rating higher than the current 40 percent.

The veteran's arthritis of the first metacarpal phalangeal joint of each foot and reflex sympathetic dystrophy of the feet are found to be related to cold exposure during his active military service, warranting a grant of service connection.

The Board denied the veteran's claim for an increased rating for recurrent abdominal hernia, finding that there is no current evidence of a hernia and that the preponderance of the evidence is against his claim.