Other conditions decisions — 2008

The veteran's appeal is being remanded due to deficiencies in the notice provided and a need for additional evidence regarding his employment and daily life impact.

The veteran received emergency medical care for chest pain and shortness of breath at Memorial Hospital in Jacksonville, Florida on May 4, 2005. The claim is granted as the treatment was timely filed, emergent, and no other appropriate facilities were feasibly available.

The Board denied the appellant's claim for non-service-connected disability pension benefits due to a lack of active military service for VA benefit purposes.

The appellant's spouse did not have active military service for the purpose of establishing entitlement to VA death benefits, and therefore the appellant is not entitled to death benefits.

The Board has denied the veteran's claims for service connection for gastrointestinal disability and a disorder of the lips, finding that there is no competent evidence linking these conditions to his military service or any service-connected disabilities.

The veteran's total disability rating for ventral hernia was in effect for over 10 years prior to his death, allowing the appellant to receive DIC benefits under 38 U.S.C.A. § 1318. The claim of entitlement to service connection for cause of death is moot as a result.

The Board denied service connection for a sleep disorder and restless leg syndrome, finding that these conditions are not related to the veteran's service. The evidence did not support a finding of an injury during INACDUTRA or a link between the disorders and service.

The Board has determined that an effective date of April 30, 1999 is warranted for the award of TDIU due to the veteran's service-connected disabilities.

The veteran's tibia and fibula disability, which resulted from a fracture sustained in service, is productive of moderate impairment. The Board has determined that the veteran's condition warrants an initial rating of 20 percent.

The Board has granted a 20 percent rating for the veteran's thoracic spine arthritis, effective from the date of the decision.

The veteran's claim for service connection for a lung disorder due to asbestos exposure is being remanded for additional development, including an attempt to locate records from his military service and further medical opinions.

The Board denied a rating higher than 10 percent for the veteran's left varicocele disability, finding that the evidence did not support such an increase in severity.

The Board denied increased ratings for the veteran's left knee conditions, finding that the evidence did not support a rating in excess of 10 percent for postoperative residuals of a medial meniscectomy and traumatic arthritis prior to November 1, 2004. The RO assigned a 30 percent evaluation for the status-post total left knee replacement effective from January 1, 2006.

The Board has determined that the veteran's gastrointestinal disability is not related to his military service and denied the claim.

The VA denied the veteran's claim of entitlement to a disability rating greater than 30 percent for her service-connected bronchiectasis, finding that she did not meet the criteria for a higher rating based on incapacitating episodes or pulmonary impairment.

The veteran's compression fracture of the thoracic spine, T-12, is characterized by moderate limitation of motion and demonstrable deformity. The Board has determined that a 20 percent rating for this condition is warranted.

The veteran's service-connected residuals of a puncture wound to the left hand are currently evaluated at 20 percent, effective from August 21, 2007. The evaluation is based on current functional impairment.

The Board finds that the veteran's symptoms of dizzy spells are manifestations of his service-connected panic disorder with agoraphobia, warranting service connection.

The Board has granted service connection for treatment purposes for residuals of dental trauma to teeth 8 and 9, finding that the veteran's account of in-service trauma is credible.

The Board found new and material evidence to reopen the claim for service connection for joint pain, but denied it due to lack of a diagnosed chronic disability or a relationship with service.