Other conditions decisions — 2007

The Board has denied the veteran's claim for an increased disability rating for diabetes mellitus and has not addressed his claim for service connection for a respiratory disorder.

The Board found that there is no evidence of an orthopedic disability of the right leg, and thus denied the veteran's claim for service connection.

The veteran's panic disorder with mild agoraphobia was rated at 30 percent effective from January 15, 2004.

The Board denied reopening the veteran's claim for service connection for residuals of poliomyelitis due to lack of new and material evidence.

The Board has determined that there is no competent medical evidence linking the veteran's current back injury and lung disorder to his military service. As a result, the claims for service connection are denied.

The Board has determined that the appellant's venous insufficiency of the left lower extremity, with valvular incompetence and post-operative wound infection, does not warrant a disability evaluation in excess of 40 percent.

The veteran's appeal is being remanded for further development, including VA examinations and issuance of a statement of the case on earlier effective date issues.

The Board has determined that new and material evidence has not been presented to reopen the claim of service connection for the cause of the veteran's death, as the additional evidence does not relate to an unestablished fact necessary to substantiate the claim.

The veteran's claim for service connection for left foot Charcot deformity has been dismissed due to the death of the appellant.

The veteran's application for education benefits was received in February 2002, and the Board found that it should be considered as having been filed one year before this date. The commencing date of his award of educational assistance is therefore February 2001. Given that the training began in April 2001, the veteran's application was timely.

The Board denied the appellant's application to reopen his claim for VA death benefits, finding that no new and material evidence had been presented.

The Board denied service connection for flatfeet and granted service connection for bilateral hearing loss, but the veteran's claim for higher ratings on these disabilities remains pending.

The Board has determined that the veteran's left leg varicose veins do not currently meet the criteria for a higher rating, as there is no evidence of current varicose veins or associated symptoms such as edema or stasis pigmentation. The current 10 percent disability rating remains in effect.

The Board found that the veteran's enuresis existed prior to service and was not aggravated by service. The residuals of right nephrectomy are also denied as secondary to enuresis, since service connection for enuresis is not granted.

The veteran's request for vocational rehabilitation and employment services, specifically lapidary equipment through independent living services, has been denied. The RO is remanding the case to schedule a Travel Board hearing.

The veteran's cardiovascular disability, including the residuals of an acute myocardial infarction, is being remanded for further development and consideration.

The Board found that the cause of death, myocardial infarction, was not caused or contributed to by any service-connected disability. The veteran's right shoulder arthroplasty and allergic rhinitis were not shown to have substantially or materially contributed to his death.

The Board has reopened the appellant's claim of basic eligibility for VA benefits based on new and material evidence submitted since the RO's August 1992 decision. The case is now remanded to the RO for further review.

The Board has determined that the appellant's pre-existing spina bifida occulta and spondylolysis were not aggravated by service, thus rebutting the presumption of soundness. The claim for service connection is denied.

The Board has determined that the veteran's claim for an increased rating for myalgia, bilateral deltoids is denied as there was no new and material evidence presented to reopen his service connection claim.