Other conditions decisions — 2007

The veteran's appeals for cerebral artery aneurysm, residuals of appendectomy, and right knee disability have been dismissed due to the withdrawal of his appeal.

The VA determined that the veteran's right leg fracture warrants a rating of 30 percent, effective as of the date of the decision.

The Board has remanded the case for a Travel Board hearing due to the appellant's request.

The RO reduced the veteran's non-Hodgkin's lymphoma rating from 100% to zero percent effective January 1, 2004. The reduction was by operation of law as the diagnostic code for this condition contains a temporal element that has been met.

The Board has reopened the veteran's claim for service connection due to new evidence provided by Dr. J.P., who treated the veteran and noted a history of back pain shortly after his military discharge, which he believed was related to an in-service parachuting accident. The Board found that there is sufficient medical evidence linking the current spine disability to the veteran's military service.

The Board denied the veteran's claim for an earlier effective date for non-service connected pension benefits, finding that he did not file a prior claim within one year of becoming permanently and totally disabled. The appeal is dismissed as there is no legal merit or entitlement under the law.

The veteran's claim for an increased rating of hiatal hernia with reflux esophagitis has been granted, but the RO needs to schedule a hearing before a Veterans Law Judge.

The Board has determined that the veteran does not have current diagnoses of otitis externa or a bilateral eardrum disorder, and thus service connection for these conditions is denied.

The Board determined that the appellant's spouse had no qualifying military service for VA purposes and therefore, the appellant is not eligible for VA disability benefits.

The veteran's claim for an increased disability rating for his service-connected respiratory disorder is being remanded to the Director, Compensation and Pension Service, for consideration of an extraschedular rating.

The Board found that the veteran's cause of death was not related to service or exposure to Agent Orange, and his service-connected diabetes mellitus did not contribute substantially to his death. Therefore, service connection for the cause of the veteran's death is denied.

The Board has granted service connection for an anoxic brain injury and its residuals as secondary to the veteran's service-connected type 2 diabetes mellitus.

The Board has ordered the case to be remanded for clarification of the veteran's support payments and an audit of his disability compensation account.

The veteran withdrew his appeal as to the issue of entitlement to service connection for Agent Orange exposure prior to a decision being made.

The Board has determined that the veteran does not have a current disability for any of the claimed conditions and therefore, service connection is denied.

The Board has determined that the veteran does not have a residual disability of an inservice surgical correction of congenital phimosis, and therefore denied his claim for service connection.

The veteran's service-connected residuals of burns to the thighs, buttocks, perianal and perineum are manifested by a normal appearance, superficial scarring, no puckering, poor elasticity, decreased pinprick and light touch sensation to the thighs and buttocks, and complaints of pain and discomfort, especially on sitting for extended periods. The criteria for entitlement to a disability rating in excess of 40 percent have not been met.

The Board found no evidence of a chronic gastrointestinal disorder during service or within one year post-service, and denied the veteran's claim for service connection.

Service connection for bilateral eye disability and lung disability was denied.,The veteran's hearing loss has been granted a noncompensable evaluation.

The Board has granted an initial evaluation of 20 percent for the veteran's right shoulder separation with hypertrophic changes at the AC joint, finding that his symptoms meet the criteria for this rating.