Other conditions decisions — 2007

The veteran is seeking compensation benefits under the provisions of 38 U.S.C.A. § 1151 for disability associated with a surgical procedure performed at a VA facility in 1994. The case has been remanded due to missing records and incomplete notifications.

The Board has determined that the veteran's service-connected deviated nasal septum does not warrant a rating in excess of 10 percent, as it does not meet the criteria for higher ratings under applicable diagnostic codes.

The veteran's appeal is remanded due to the need for a VA examination and consideration of additional evidence, including recent VA optometry consults.

The Board denied the veteran's claim for an earlier effective date for his service-connected non-Hodgkin's lymphoma and mood disorder, finding that July 10, 2002 is the earliest effective date due to the presumptive nature of the service connection.

The Board has determined that the veteran's left eye disorder, including reduced vision and cataracts, is not related to service or a service-connected condition. Therefore, the claim for service connection is denied.

The Board has denied the claim for service connection for herpes as there is no medical evidence to support a link between the condition and the appellant's military service.

The Board has denied the veteran's claim of entitlement to service connection for status postoperative right rotator cuff tear due to lack of evidence linking his current condition to his military service.

The Board has determined that the case must be remanded for further adjudication regarding whether new and material evidence has been submitted sufficient to reopen a claim of entitlement to service connection for a back strain with nerve problem.

The Board has determined that the veteran's residuals of an L-3 fracture warrant a 20 percent evaluation, effective April 2003. The neurological impairment on the left side is rated separately at 10 percent.

The VA has assigned a 30 percent initial rating for the veteran's anal sphincter weakness, status post operative for anal fissure. The evidence does not support a higher evaluation as there is no consistent complaint or medical finding of both extensive leakage and fairly frequent involuntary bowel movements.

The Board has ordered the case to be remanded for additional development and consideration, including obtaining any pertinent evidence identified by the appellant.

The veteran's claim for TDIU due to service-connected disability is being remanded as the examiner did not provide an opinion on whether his service-connected disabilities preclude all forms of substantially gainful employment.

The veteran's claim for service connection for leukemia due to radiation exposure was previously denied, and the appellant is seeking additional DIC benefits based on this denial. The Board has determined that she cannot meet the criteria for enhanced DIC under 38 U.S.C.A. § 1311(a)(2) because there is no evidence of clear and unmistakable error in a prior decision or new service department records.

The Board has denied the veteran's claim for a disability rating in excess of zero percent for postoperative residuals of an epigastric umbilical hernia repair, finding that his condition does not meet the criteria for a higher rating.

The Board denied the appellant's claim for an earlier effective date for service connection for the cause of her husband's death, finding that the February 1993 rating decision was not based on CUE and that the September 24, 2002 effective date was correctly assigned.

The Board has awarded a 30 percent rating for the veteran's service-connected disability of the right first toe, which is now rated as residuals of a fracture with degenerative changes. This decision grants an increased rating.

The veteran's death was caused by cardiorespiratory arrest due to pneumonia, but there is no evidence linking these conditions to his military service.

The Board has denied the veteran's claim for service connection for bronchiectasis and catarrhal symptoms, finding that these conditions are not related to his military service.

The Board denied the veteran's claim for service connection for a dental condition, including teeth and gum problems, as there is no evidence of trauma or combat-related injury. The appellant did not have a compensable service-connected dental condition.

The Board has determined that the veteran does not have residuals of prostate surgery, appendectomy, or a gunshot wound to either foot that are related to service. The claims for these conditions are therefore denied.