Other conditions decisions — 2008

The Board found that the veteran's right foot condition was not caused by VA medical treatment, and thus denied compensation under 38 U.S.C.A. § 1151 for his right foot condition.,For the left foot condition, the evidence is in approximate balance as to indicating a connection between the May 1988 surgery at the Shreveport VAMC and the veteran's current disability. The Board granted compensation under 38 U.S.C.A. § 1151 for his left foot condition.

The Board granted a separate 10 percent evaluation for damage to Muscle Group XXII, in addition to the already acknowledged damage to MG I of the right and left sides, and MG XXIII.

The Board has remanded the case for additional development due to a request for a Travel Board hearing.

The veteran's claim for service connection for a chronic foot disorder was denied because he failed to report for a scheduled VA examination without good cause.

The Board denied the claim of service connection for the cause of the veteran's death based on exposure to ionizing radiation in service, finding that there was no evidence of such exposure and thus no basis for presumptive service connection. The claim was reviewed under direct service connection criteria but still denied.

The Board has determined that new and material evidence has been received to reopen the veteran's claims of service connection for residuals of shrapnel wound, right foot; residuals of shrapnel wound, left leg; and arthritis. The case is remanded for further development.

The veteran's chronic nephritis is currently rated at 80 percent, but the Board finds that his disability picture does not warrant a higher rating.

The Board denied the veteran's request to reopen his claim for service connection for basal cell carcinoma, finding that new and material evidence had not been submitted.

The Board is remanding the case to determine if new and material evidence has been submitted to reopen a claim for service connection for right hydrocele and atrophy of the testis. If so, the issue will be reviewed with appropriate consideration of all the evidence of record.

The Board has determined that the veteran's chronic testicular pain is a residual of his in-service vasectomy, and thus service connection for residuals of a vasectomy is granted.

The veteran requested withdrawal of his appeal, and the Board has dismissed it.

The Board has granted a 10 percent initial disability rating for the veteran's recurrent sebaceous cyst of the back, including a scar. The maximum rating under DC 7804 is assigned.

The veteran is seeking compensation under the provisions of 38 U.S.C.A. § 1151 for chest pain resulting from a thoracotomy performed by VA in December 2000. The case has been remanded to obtain additional medical records and determine if there was any fault on the part of VA.

The Board denied the veteran's claim for an initial rating in excess of 10 percent for post-operative residuals of bilateral inguinal hernias with a history of left varicocele and groin muscle strain, finding that the disability picture did not meet the criteria for a higher evaluation under the applicable rating schedule.

The Board found that the veteran did not provide sufficient evidence to establish an earlier effective date for additional compensation for a dependent spouse, as he failed to inform VA of his marriage within one year of its occurrence.

The Board denied an increased rating for lymphadenitis of the right neck area, status post excision, currently evaluated at 10 percent.

The Board denied an earlier effective date for DIC benefits, finding that the appellant's claim was received more than one year after the effective date of a liberalizing law and thus only one-year prior to her claim could be considered.

The Board has determined that the claim for service connection for aortic stenosis as secondary to diabetes mellitus is moot due to the grant of service connection for coronary artery disease, status post coronary artery bypass graft (secondary to diabetes mellitus), and the rating assigned for cardiovascular symptoms under DC 7017.

The Board found that the veteran's disk herniation at L4-5 did not meet or approximate the criteria for a disability evaluation in excess of 20 percent.

The case is being sent back to the RO for further verification of the appellant's military service due to discrepancies in the records.