Other conditions decisions — 2008

The Board has determined that there may be a question regarding the adequacy of VA medical treatment provided to the veteran prior to his death, and thus the case is being remanded for further development.

The Board has denied the veteran's claims for service connection for bone marrow suppression, hearing loss, and heart enlargement. The skin disorder claim is also denied.

The veteran's claim for service connection for malaria was denied as there is no evidence of a current disability and the disease did not manifest within one year of discharge.

The Board denied the appellant's claim for basic eligibility for VA nonservice-connected death pension benefits because her service with the Philippine Scouts does not qualify her under applicable law and regulations.

The veteran's claim for service connection for chronic myeloid leukemia was denied as there is no evidence linking the condition to his military service, including presumed exposure to herbicides.

The veteran's claim for service connection for a dental disorder, which he claims resulted from gum disease during active duty, has been denied as his claim was not submitted within the required time frame and he did not meet other eligibility criteria.

The veteran's service-connected residuals of the fracture of the sacrum are not shown to warrant a rating higher than the current 40 percent for any period of increased rating claim.,The veteran's service-connected residuals of ulcer disease do not meet the criteria for a compensable (10%) rating under Diagnostic Code 7304.

The Board has determined that additional development is needed to substantiate the veteran's claim for service connection of a right leg disability. This includes obtaining medical records from his first and third periods of service, as well as any subsequent treatment records.

The veteran's claim for an initial rating higher than 10 percent for chest wall pain is being remanded due to insufficient evidence and further development is needed.

The Board denied the veteran's claim to reopen his service connection for chronic residuals of a back injury, finding that new and material evidence had not been submitted.

The Board denied an earlier effective date for DIC, finding that the appellant's claim was not timely filed and thus the effective date is November 13, 2001.

The Board has granted a 70 percent rating for Obsessive Compulsive Disorder (OCD) and found that the veteran's service-connected disabilities meet the criteria for TDIU.

The Board found that the veteran's in-grown toenail disability was aggravated by his military service and granted service connection for it. The bilateral calcaneal spurs were not related to his military service, but he is now rated at 50% for PTSD.

The Board denied entitlement to increased disability evaluations for the veteran's chondromalacia of the left and right knees, finding that the evidence did not support a rating higher than 10 percent.

The veteran's income is found to be excessive for non-service-connected disability pension benefits, and the claim is denied.

The Board denied the appellant's claim for an earlier effective date for Dependency and Indemnity Compensation (DIC) benefits, finding that the law does not allow for such a retroactive award.

The Board dismissed the appeal due to the appellant's withdrawal of her appeal.

The Board denied the veteran's claim to reopen his service connection for schizoaffective disorder, finding that new and material evidence had not been presented.

The veteran's claim for service connection for basal cell carcinoma of the left lower extremity, which he asserts is due to exposure to herbicides such as Agent Orange, was denied. The Board found that there was no evidence linking the condition to his period of service and thus denied the claim. Additionally, the claims for increased evaluations for arthritis of the left knee, DDD and spondylosis of the lumbar spine, and DDD and spondylosis of the cervical spine were also denied.

The Board denied a rating in excess of 50 percent for post-operative residuals of a left total hip replacement, finding that the veteran's disability did not meet the criteria for a higher rating based on marked severity of weakness, pain, or limitation of motion.