Other conditions decisions — 2007

The veteran's post-operative herniated nucleus pulposus at L4-5 results in moderate to severe pain on motion, some loss of sensation, and radiation of pain into his lower extremities. The current disability rating is 40 percent, which represents the maximum schedular evaluation available for limitation of motion of the affected joint.

The Board has determined that the veteran's sick sinus syndrome with irregular heartbeat is not related to his military service and therefore denied his claim for service connection.

The Board has determined that the veteran's emergency room visits were not for an emergency and VA facilities were feasibly available, thus denying payment or reimbursement.

The Board found that the appellant is not the surviving spouse of the veteran and therefore, there is no legal basis for the claim of service connection for the cause of the veteran's death.

The Board has granted a 10 percent rating for service-connected enucleation of the left eye, which is the maximum schedular rating after deducting the degree of disability existing at the time of entrance into service. The veteran's claim for increased rating for conjunctivitis was also granted.

The Board denied the appellant's claim for basic eligibility for VA death benefits as new and material evidence had not been received to reopen her previously denied claim.

The Board denied the veteran's claims for service connection for residuals of testicular contusion and entitlement to a total disability rating based on individual unemployability due to service-connected disabilities. The evidence did not establish current residuals from the in-service injury.

The Board denied the claim that the veteran's cause of death was related to his service, as there is no evidence linking any of the conditions listed on his death certificate to his military service or herbicide exposure.

The Board has determined that the veteran's postoperative residuals of right medial meniscectomy do not warrant a rating in excess of 20 percent, as there is no evidence of instability or ankylosis. The current 20 percent rating adequately reflects the functional impairment.

The Board dismissed the appellant's appeal for an earlier effective date of March 12, 1980, for the award of DIC benefits as not authorized by law.

The veteran did not have a pending claim for VA benefits at the time of his death, and therefore does not meet the legal criteria for accrued benefits. The appeal is denied.

The Board has remanded the case for clarification of the appellant's income and exclusions from September 2002 to the present, including unreimbursed medical expenses and funeral expenses.

The Board denied service connection for a chronic skin disorder claimed as the result of Agent Orange exposure and denied an initial disability evaluation in excess of 30 percent for PTSD.

The veteran is seeking an earlier effective date for the grant of service connection for polyarthralgias of multiple joints with a positive rheumatoid factor. The RO has granted this claim but assigned a December 15, 2000 effective date. The veteran appeals this decision and requests an earlier effective date.

The Board found no evidence that the veteran's pre-existing left inguinal hernia worsened during service, thus denying service connection for this condition.

The veteran's appeal is being remanded for further evaluation of his service-connected bilateral knee disabilities due to the lack of recent clinical findings and a possible worsening since the last examination.

The Board has determined that the veteran's atrial fibrillation is likely related to his service-connected diabetes, and thus grants the claim for secondary service connection.

The veteran's claim for a compensable rating for his service-connected shell fragment wound, muscle group XIV is being remanded due to concerns about the adequacy of the November 2003 VA examination. A new examination will be conducted to assess the current level of disability.

The Board has determined that there is no current diagnosis of right ear otitis externa and thus the claim for service connection is denied.

The Board has determined that there is no current dental condition, specifically damage to the gum base, and thus denied the veteran's claim of entitlement to service connection for a dental condition.