Other conditions decisions — 2008

The Board dismissed the veteran's appeal for service connection for sleep apnea due to his withdrawal of that claim. The Board also found no evidence of a chronic rash related to service.

The Board denied the veteran's claim for service connection for dermatophytosis of the feet and toenails, finding no evidence linking his current condition to service. The initial rating for PTSD was granted but not increased beyond 30 percent.

The VA has denied the veteran's claim for an increased disability rating of 10 percent for his right hallux valgus with degenerative changes, as the condition is post-surgical and does not meet the criteria for a higher rating.

The Board denied service connection for gastric antrum/peptic ulcer disease, finding that the condition was not related to military service and did not manifest within one year of discharge.

The Board found that the veteran's left hand disorder is not a result of any established event, injury, or disease during active service. The VA examiner opined that the veteran's current left hand symptoms are more likely related to the diagnostic entities and less likely service-related.

The veteran's claim for an increased rating for his service-connected sleep disorder with insomnia is being remanded due to the need for additional medical examinations and development of records.

The veteran's claim for an increased evaluation prior to August 30, 2002 was denied. However, his claim for a higher evaluation from that date forward has been granted and he is now receiving the maximum schedular rating available.,The veteran's lichen simplex chronicus with hyperkeratosis of the ankles and feet was rated at 60 percent effective August 30, 2002.

The Board denied the request to increase the evaluation for post-concussion syndrome, finding that the veteran failed to report for required VA examinations and had not established a static disability.

The Board has remanded the case for additional development, including an examination to determine if the veteran's current right hand and finger disorders are related to service. The issue of entitlement to service connection remains pending.

The VA denied the veteran's claim for a rating greater than 20 percent for postoperative residuals of a right patella fracture, finding that his condition did not warrant such an increase.

The Board denied the veteran's claim for service connection for a gastrointestional disorder, finding that there was no evidence to support the claim and that the symptoms were not related to his military service.

The Board has determined that the preponderance of evidence is against finding a chronic right foot disability present in service or within one year following separation from active duty, and therefore denied the veteran's claim for service connection for residuals of injury to the right foot.

The Board denied service connection for a right leg disability, finding no current chronic right leg disability and noting the veteran's consistent denial of any such condition. Service connection was granted for left leg and left hip injury.

The Board found that there was no evidence to support the claim of compensation under 38 U.S.C.A. § 1151 for polymyositis resulting from VA treatment, as the medical records did not indicate a failure on the part of VA personnel in diagnosing or treating the condition.

The Board has denied the veteran's claim for service connection for bilateral leg pain as secondary to his service-connected bilateral pes planus, finding that there is no evidence of a left leg disability and that the right leg pain is vascular in nature.

The Board has decided that a VA examination is needed to determine if the veteran's current nerve disability of the arms is related to his active duty service. The case will be returned for further review.

The Board found that the appellant's deceased husband did not have recognized service with the U.S. Armed Forces, and therefore was not a veteran for purposes of establishing entitlement to VA death benefits.

The Board has determined that there is no competent persuasive medical evidence showing the veteran's HIV/AIDS is related to his active service or to any periods of active duty for training or inactive duty for training. Therefore, the claim for service connection for HIV/AIDS is denied.

The Board found that there is no evidence of a chronic disability manifested by a cough in service or related to service, and thus denied the claim for service connection.

The Board has granted service connection for left eye disability and narcolepsy, both related to in-service facial trauma. The claim for increased evaluation of post-operative residuals of left shoulder rotator cuff and glenoid tears is pending as the rating assigned was not provided.