Other conditions decisions — 2007

The VA has determined that the veteran's postoperative recurrent esophageal hiatal hernia with esophagitis does not warrant an increased evaluation beyond the current 30 percent rating.

The veteran does not have any residuals of ruptured tympanic membranes of the ears and his claim for service connection is denied.

The Board denied the veteran's claim for service connection for fatigue, including as due to an undiagnosed illness, finding that he did not have a currently diagnosed chronic fatigue syndrome and thus could not establish service connection.

The Board found that the veteran's gunshot wound residuals did not meet the criteria for a disability rating in excess of 10 percent, as they did not result in moderately severe muscle disability.

The VA denied the veteran's claims for increased evaluations for his perianal cyst excision residuals and skin lesions of the chest and back, finding that the conditions did not meet the criteria for higher ratings under the applicable rating schedule.

The veteran's right hand fracture has not resulted in a disability level warranting a rating higher than the current 10 percent.

The veteran's internal injuries and digestive disorder are not service-connected.,His pelvic fracture residuals do not warrant a rating in excess of 20 percent.,There is no effective date earlier than March 29, 2005, for the award of a 20 percent rating for the residuals of a pelvic fracture.,The veteran's service-connected bilateral hearing loss and PTSD have effective dates from November 5, 2001.,PTSD has an effective date from December 8, 2004.,Right hip arthritis has an effective date from March 29, 2005; left hip arthritis also has this effective date.

The Board has reopened the appellant's claim to be recognized as the surviving spouse of her deceased husband, but denied the claim on the merits due to a finding that she had an intention to desert her marriage.

The Board denied the veteran's claim for an increased rating for defective vision of the right eye, finding that there was insufficient evidence to support a higher evaluation.

The Board has decided to remand the case for a VA examination to determine if the veteran's current stomach disorder is related to his service-connected right ring finger fracture.

The Board finds that the veteran does not have residuals of a neck or back injury related to service and therefore denies both claims.

The veteran is seeking service connection for a cardiovascular disability, which he contends is related to his service-connected migraine headaches. However, the appeal must be remanded due to inadequate VCAA notice and incomplete evidence.

The Board has determined that the veteran's stomach disability, manifested by nausea, stomach pain, diarrhea, and constipation, is not related to service or a service-connected condition. The claim for secondary service connection based on prescribed medications was also denied.

The Board finds that the veteran's service-connected rheumatic fever does not currently cause any disabling residuals, and thus denies a compensable evaluation.

The Board found that the appellant did not have valid military service and therefore is not eligible for VA disability benefits.

The Board denied the veteran's claims for increased ratings for his left leg disabilities and TDIU, finding that he did not meet the percentage criteria under 38 C.F.R. § 4.16(a) and that his service-connected disabilities did not prevent him from securing or following a substantially gainful occupation.

The Board found that the appellant and the veteran were both previously married, which invalidated their claimed common law marriage. Therefore, the appellant is not entitled to VA benefits as a surviving spouse.

The veteran's urticaria is rated at 60 percent, effective March 23, 2004. The issue of service connection for loss of teeth remains pending as the RO has not yet issued a statement of the case.

The veteran's claim for a higher evaluation for residuals of a fracture of the left zygomatic arch is granted, with a rating of 10 percent.

The Board has remanded the case due to insufficient evidence regarding whether the veteran's retroperitoneal fibrosis is related to his military service.