Other conditions decisions — 2007

The Board has determined that additional medical records are needed and new VA examinations are required to evaluate the current severity of the veteran's service-connected disabilities, specifically his ulcerative colitis and bilateral sacroiliitis lumbosacral strain.

The veteran's increased disability ratings for left fibula fracture residuals and neurological residuals of a shell fragment wound to the right gluteal area are denied.

The Board has decided to remand the case for further development due to procedural defects in the VCAA notice and incomplete service personnel records.

The claim for dependency and indemnity compensation under 38 U.S.C.A. § 1318 is denied because the veteran was not in receipt of or entitled to receive compensation for a service-connected disability rated continuously totally disabling for a period of 10 or more years immediately preceding death.

The veteran's need for aid and attendance was due to non-service-connected conditions (metastatic lung cancer, hypertension, and gastro-esophageal reflux disease), not his service-connected disabilities. Therefore, the appellant is not entitled to accrued benefits on account of veteran's need for aid and attendance of another due to his service-connected disabilities.

The Board has denied the veteran's claim for service connection for flexion contractures of toes of the feet, claimed as bilateral hammertoes. The VA examiner found that the current disability is not related to service and is a congenital deformity.

The Board has determined that there was clear and unmistakable error in the July 1981 decision which denied TDIU benefits, and the motion is granted.

The veteran died in June 2004 and there were no pending claims for accrued benefits at the time of his death. The appellant's claim for service connection for residuals of a head injury was not properly raised before his death, as she did not have authority to file such a claim.

The Board has remanded the case due to the need for further medical opinions regarding the etiology of the veteran's tooth loss and erosion, specifically whether it is related to service or a service-connected disability.

The Board found no chronic disability of the back related to service and denied the claim for service connection.

The case is being remanded for further development to verify the deceased spouse's military service.

The veteran's right eye disability, characterized by a chorioretinal scar with optic atrophy and dimmed vision, was found to be manifested by an average visual field loss of 43 degrees. The RO denied the claim for a rating in excess of 10 percent.

The Board dismissed the appeal due to the appellant's withdrawal of her appeal.

The veteran was entitled to a 100% disability rating for encephalomyelitis and colorectal cancer, which were both service-connected conditions. The appellant is not seeking service connection for these conditions.

The Board found that the veteran's residuals of an injury to the left vas deferens do not meet the criteria for a compensable disability rating.

The Board found that the veteran's service-connected disability did not cause or contribute to his death, and denied the claim for service connection for the cause of the veteran's death.

The Board has determined that the veteran's osteopenia and osteoporosis are proximately due to her service-connected total vaginal hysterectomy with left salpingo-oophorectomy, and thus grants service connection for these conditions.

The Board has determined that the veteran's service-connected left forearm and ring finger laceration does not meet or approximate the criteria for a disability rating higher than 10 percent.

The Board denied service connection for a right hip disorder and PTSD. The denial of the right hip disorder claim was based on lack of new and material evidence, while the PTSD claim was denied due to insufficient evidence of an in-service stressor.

The veteran's appeal is being remanded for further development, including issuance of a statement of the case and VA examinations. The issues include an increased rating for his cervical spine disability, service connection for a low back disability as secondary to the cervical spine disability, and TDIU.