Other conditions decisions — 2007

The Board has determined that the veteran does not have a current stomach disorder or left ankle injury that is related to service. The only diagnosed condition, a ventral hernia, was not shown during service and is not etiologically related to service.

The Board has denied the veteran's claims for service connection for residuals of the flu, dermatofibrosis of the right scapular region, mitral valve prolapse, and abdominal muscle strain. The evidence did not show a link between these conditions and his military service.

The Board has ordered additional development to obtain Social Security Administration disability records and related medical records, as these may contain relevant information for the claim of service connection for the cause of the veteran's death.

The Board has determined that the veteran's hair loss, diagnosed as alopecia areata, was not incurred or aggravated by his military service.

The Board has reopened the veteran's claim for service connection for residuals of a nasal injury and found that new evidence supports this reopening. However, the Board denied the claim as there is no competent medical evidence linking the current condition to service.

The Board denied the veteran's service connection claims for gastritis and peptic ulcer disease, rupture of the lower esophagus, degenerative changes of the hips and back, left knee medial meniscus tear, and left leg shortening and atrophy. The evidence did not show a current disability or link to active service.

The veteran's claim of whether the decision to grant individual unemployability effective July 13, 1999 was clearly and unmistakably erroneous is dismissed due to his death.

The veteran's claim for service connection for arthritis of the hands is being remanded due to the need for additional development, including a VA examination and medical opinion. The case will also be reviewed for service connection based on secondary theory (due to cervical spine disability) and due to undiagnosed illness.

The Board found that the veteran's left hand disability, which involved a shrapnel wound in service, did not meet the criteria for a rating in excess of 10 percent. The current loss of use of the left hand is attributed to a post-service cerebrovascular accident.

The Board found that the veteran's stasis ulcers and edema of the right leg do not warrant a rating higher than 20 percent, as his symptoms are described as mild with intermittent ulceration.

The Board found that the veteran's daughter, OT, was not a 'helpless child' of the veteran as she did not meet the criteria for permanent incapacity to self-support prior to her 18th birthday.

The Board has reopened the veteran's claim of service connection for otitis media and is now considering it de novo.

The Board found that the veteran's death was not caused by a disability incurred in or aggravated by active service, nor may the cancer be presumed to have been incurred in service. The appellant is also not entitled to accrued benefits.

The Board has determined that an effective date of March 15, 2000 is warranted for the grant of DIC benefits due to the filing of a claim on this date. An earlier effective date prior to March 15, 2000 is not granted as no claim was filed between the February 1995 final denial and the March 15, 2000 claim.

The veteran's service-connected ventral hernia was found to be a significant contributory cause of his death, which resulted in the grant of service connection for the cause of death. The appellant is also eligible for Dependents' Educational Assistance (DEA) under Chapter 35.

The veteran's service-connected right and left heel stress fractures do not currently result in any disability, and therefore an increased rating is denied.

The appellant's DIC benefits were terminated upon her remarriage, and she is not eligible for restoration as the remarried widow of a veteran.

The Board found that the veteran did not meet the percentage requirements for a total disability rating based on individual unemployability prior to April 4, 2002. The effective date of the TDIU award is therefore denied.

The veteran's radiation proctitis disability is moderate, with frequent episodes of bowel disturbance and abdominal distress. The Board found that the disability does not meet the criteria for a higher rating as it did not result in severe symptoms such as diarrhea or alternating diarrhea and constipation.

The RO denied the veteran's petition to reopen his claim for service connection for damaged teeth, finding no new and material evidence. The August 2001 denial remains final.