Other conditions decisions — 2007

The VA has determined that the veteran's current flexion contracture and pain in his right middle finger are not due to any negligence or fault on the part of the VA, and thus compensation under 38 U.S.C.A. § 1151 is denied.

The Board denied the veteran's request for an earlier effective date of November 16, 2001 for reinstatement of nonservice-connected pension benefits with payments commencing December 1, 2001.

The case is being remanded for a VA medical examination to determine the effect of the veteran's service-connected right hand disability on his employability. The RO will then readjudicate the issue.

The Board has determined that the veteran's current cardiovascular disability is not related to his military service, and thus denied his claim for service connection.

The Board denied the veteran's claims for service connection for residuals of a shrapnel wound, a hernia, and a prostate condition due to lack of evidence linking these conditions to his military service.

The veteran seeks service connection for a left arm disability that he alleges occurred in service. The case is being remanded to obtain additional medical evidence and determine the nature of his current condition.

The veteran's claim for an increased evaluation of his service-connected Post Traumatic Stress Disorder (PTSD) is being remanded due to the need for additional development, including obtaining medical records and scheduling a VA examination.

The Board has determined that the reduction of the disability rating for the left great toe disorder from 20% to 10% was proper. The veteran's gouty arthritis is not productive of definite impairment warranting a higher rating, and his hallux valgus of the right great toe does not meet the criteria for a compensable rating.

The Board has granted service connection for the veteran's residuals of a broken right foot, finding that the current degenerative joint disease is likely due to an injury sustained during his military service.

The veteran's claim for an increased evaluation for his service-connected dysthymic disorder and PTSD is being remanded due to the need for a VA examination.

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

The Board has determined that the veteran's service-connected right scaphoid fracture, status-post arthroscopy does not warrant a rating in excess of 10 percent.

The Board denied the veteran's claim for service connection for a chronic skin disorder, finding that there was no evidence of a current disability in service or within one year after discharge. The Board also found that the veteran had not provided medical evidence linking his current condition to service.

The VA determined that the veteran's post-gastrectomy syndrome with gastritis does not warrant a higher rating than the current 40 percent, as it did not meet the criteria for severe disability.

The veteran's right foot disability, which includes a healed fracture of the second metatarsal, does not meet the criteria for a higher rating than 10 percent.

The VA denied the veteran's claim for an evaluation in excess of 40 percent for postoperative residuals of hemilaminectomy and diskectomy for herniated nucleus pulposus L5-S1, left due to the presence of flare-ups about twice a month for 2-3 days at a time, 4-5 days a month where he was not working because of his back, limited range of motion with pain, minimal to mild leg weakness, and no severe symptoms warranting higher ratings.

The Board denied the appellant's claim to be recognized as the veteran's surviving spouse for VA benefits, finding that she was not lawfully married at the time of his death and thus could not qualify.

The Board found that the veteran does not have a disability involving epididymitis with hydrocele or chronic stomach problems as claimed. The veteran's stomach problems were attributed to gastroesophageal reflux disease, which is not related to service.

The Board has determined that the veteran's residuals of a right total hip replacement warrant a 70 percent rating, which is higher than the current 50 percent rating.

The veteran's claim for compensation under 38 U.S.C.A. § 1151 for vision loss in his left eye is denied as there is no competent medical evidence to show that the loss resulted from VA care or treatment.