Other conditions decisions — 2007

The Board found that the veteran did not incur additional cardiovascular disability as a result of VA carelessness, negligence, or error during his August 2002 pacemaker insertion and subsequent treatment. Therefore, the claim for compensation under 38 U.S.C.A. § 1151 was denied.

The Board has granted a 100 percent disability rating for the veteran's service-connected restrictive lung disease secondary to postoperative right upper lobectomy with history of serofibrinous pleurisy, with resection of right 5th rib. The compensable rating for service connected postoperative residuals of a right 5th rib resection is denied.

The Board has determined that the veteran's claim for service connection for PTSD should be remanded due to insufficient evidence regarding his claimed in-service stressors and a need for further medical examination.

The appellant is not eligible for VA death benefits as a child of the deceased veteran.

The Board denied the appellant's claim for service connection for residuals of a stroke, finding no competent medical evidence showing that the stroke occurred during active military service.

The VA denied an increased evaluation for post-operative residuals of a pilonidal cyst with drainage, currently rated at 30 percent.

The veteran's claims for increased ratings for residuals of a compression fracture of the thoracic spine and right knee disability were denied as his conditions did not meet the criteria for higher ratings under the applicable VA rating schedule.

The appellant has withdrawn her appeal regarding the issue of service connection for the cause of the veteran's death, and thus this matter is dismissed.

The Board granted an increased rating of 20 percent for the veteran's service-connected residuals of a fracture of T-8, effective March 15, 2002. The claim for tinnitus was also granted.

The Board has denied the veteran's claim for service connection for pancreatitis, as claimed due to Agent Orange exposure, finding no evidence linking active duty or presumed herbicide exposure to the condition.

The Board has determined that the veteran's foot disability, claimed as immersion foot, is linked to service and grants service connection for onychomycosis.

The Board found that the veteran's congenital cerebral arteriovenous malformation was a disease capable of improving or deteriorating, and thus may be considered as having been incurred in service. The death is attributed to this condition.

The Board found that the veteran's pre-existing chest injury did not result in chronic disability and that his current left upper extremity numbness, weakness, and decreased sensation is not otherwise causally related to service.

The VA determined that the veteran's service-connected traumatic arthritis, status post right knee meniscectomy does not meet or approximate the criteria for a rating higher than 10 percent.

The veteran's vitiligo is currently rated at 30 percent, which is the maximum rating available under the current VA rating criteria for this condition.

The Board denied the veteran's claims for a rating in excess of 30 percent for perirectal abscess and entitlement to TDIU, finding that his condition did not meet the criteria for higher ratings under applicable VA disability evaluation criteria.

The Board has remanded the case to the RO for further development, including scheduling a vocational rehabilitation assessment and considering whether the veteran had an employment handicap as defined under 38 C.F.R. § 21.51 between February 10, 2001 and September 5, 2003.

The Board has determined that the veteran's service-connected traumatic arthritis of both ankles does not warrant an increased disability rating.

The Board has determined that new and material evidence has been received to reopen the veteran's previously denied claims for service connection for a skin condition and a left foot condition. The ratings for greater trochanteric bursitis of both hips remain unchanged.

The veteran is seeking compensation under the provisions of 38 U.S.C.A. § 1151 for herniated nucleus pulposus at L4-5 with canal stenosis, which he claims was caused by VA medical treatment in October and December 1998. The Board has determined that additional evidence is needed to determine if the proximate cause of his current back disability involved carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault on the part of the Department.