Other conditions decisions — 2007

The Board has determined that the veteran's right ear Eustachian tube dysfunction does not meet the criteria for a compensable evaluation under the applicable rating criteria, as there is no evidence of suppuration or aural polyps. The claim for an initial compensable evaluation for this condition is denied.

The Board has determined that the veteran does not have a disability manifested by atrial fibrillation that is related to his military service.

The Board has determined that the veteran's claims for increased ratings for residuals of fragment wounds of the left hip and groin are denied as there is no evidence showing a disability level warranting a higher rating.

The veteran's cataracts were not incurred in or aggravated by active military service and may not be presumed to have been incurred therein.

The Board has denied the veteran's claim for an increased evaluation for his service-connected loss of masticatory surface, currently rated at 10 percent.

The veteran is appealing the effective date for his total rating for compensation purposes based upon individual unemployability. The case has been remanded to reconsider the issue and provide a supplemental statement of the case.

The Board determined that the veteran did not have body aches due to an undiagnosed illness or any other in-service occurrence, and therefore denied his claim for service connection.

The Board found that the veteran's thoracic scoliosis did not warrant an evaluation in excess of 20 percent prior to September 26, 2003 and after that date. The current range of motion was less than what would be considered disabling under the applicable rating criteria.

The veteran's chronic periodontal disease, resulting in the extraction of tooth number 19, is service-connected. His residual conditions of a fracture of the left distal fibula are rated at 10 percent.

The veteran's claim for service connection of chronic lymphocytic leukemia was received by the RO on September 15, 2000. The effective date is set at September 15, 2000, as he is entitled to this earlier date due to a liberalizing regulation and his Vietnam-era service.

The Board has determined that the appellant's character of discharge is dishonorable due to a conviction for felonious assault in a civilian court, and therefore he is not eligible for VA compensation benefits.

The Board finds that the appellant is not eligible for VA death pension benefits due to a lack of financial information from his mother, who is presumed to be in legal custody of the appellant.

The Board has determined that more development is needed to determine if the appellant can be recognized as the veteran's surviving spouse for VA benefits purposes.

The Board has remanded the case for additional development, including obtaining SSA records and arranging for a medical examination to determine if the veteran's chronic myeloid leukemia is causally related to service exposure to herbicides.

The Board has determined that the veteran's claim for service connection for a back injury cannot be granted as there is no evidence of a current chronic back disorder or any link between the claimed condition and military service.

The veteran's right leg disability is considered service-connected as it resulted from a combat injury sustained during his active military service.

The Board found that the veteran's death was not caused by a service-connected disability and denied the claim for service connection for the cause of death.

The veteran's application for enrollment in the VA healthcare system was denied because he is a nonservice-connected veteran and not enrolled as of January 17, 2003.

The veteran's lipomas of the left axilla and arm were initially rated as non-compensable, but from September 15, 1998, they are now rated at 10 percent.

The veteran's right lower extremity deep venous thrombosis was initially evaluated at 10 percent prior to October 14, 2002 and increased to 20 percent on and after that date. The evidence is not in equipoise as to whether the disability warranted a higher evaluation before October 14, 2002 or if it warrants an increase beyond 20 percent after that date.