Other conditions decisions — 2008

The Board has granted an initial disability rating of 10 percent for residuals of a fracture of the right thumb effective July 31, 2008.

The Board has determined that the veteran does not have any current residuals of spinal meningitis, and therefore cannot establish service connection for arthritis as a secondary condition.

The Board has denied the veteran's claims for service connection for low back disability and hearing loss disability, finding that there is no competent evidence of a nexus to service.

The Board denied the appellant's claim to reopen his character of discharge eligibility for VA benefits, finding that no new and material evidence had been submitted.

The veteran's service was not qualifying service, and therefore the appellant does not meet the basic eligibility requirements for nonservice-connected death pension benefits.

The Board has determined that there is no competent medical evidence linking the veteran's current neck, back, or leg conditions to service. Therefore, the claims for service connection are denied.

The Board denied the veteran's claims for an increased rating and earlier effective date for his service-connected paroxysmal atrial tachycardia (PAT), finding that the evidence did not support a higher rating or an earlier effective date.

The Board has determined that the veteran's skin condition, to include fungus of the fingernails and toenails, is directly related to his service-connected type II diabetes mellitus. The veteran's coronary artery disease is currently rated at 30 percent, which is the maximum rating available under the applicable diagnostic code. The veteran's type II diabetes mellitus is also rated at its maximum allowable level of 20 percent.

The veteran's claim for an increased disability rating for his service-connected Post Traumatic Stress Disorder is being remanded due to the need for proper VCAA notice.

The veteran's appeal is remanded due to the need for additional evidence regarding his marital status and VA compensation records. The effective date of benefits for his second wife as a dependent spouse remains in dispute.

The appellant is not recognized as the surviving spouse for VA compensation and pension benefits due to her marriage being less than one year prior to the veteran's death.

The Board found no evidence of a current respiratory disorder related to asbestos exposure during service, and thus denied the veteran's claim for service connection.

The appellant is not a 'child' for purposes of VA death pension benefits due to her age and marital status.

The Board has determined that the veteran's death was caused by gastric cancer, which is presumed to be due to Agent Orange exposure in service. Therefore, service connection for the cause of the veteran's death is granted.

The Board has determined that new and material evidence has not been received to reopen the appellant's claim of service connection for the cause of the veteran's death. As a result, the claim remains denied.

The Board has remanded the case for additional development, including obtaining VA medical records and arranging for a VA examination to determine if any current neck or cervical spine disability is related to service.

The Board has remanded the veteran's claims for an increased rating for status post partial right lobectomy with history of pneumonia, whether new and material evidence has been received to reopen a claim for service connection for a back disability as secondary to his service-connected absence of the left testicle and scrotum, entitlement to service connection for a cardiovascular disorder as secondary to his service-connected absence of the left testicle and scrotum, an increased rating for absence of the left testicle and left scrotum due to carcinoma with loss of use of right testes due to radiation therapy, and a compensable evaluation for post-operative scar, residuals of removal of lymph nodes. The veteran is also referred to schedule a videoconference hearing.

The Board has remanded the case due to the need for further development regarding the veteran's service connection claim for post-traumatic stress disorder, including verification of in-service stressors.

The VA determined that the veteran's service-connected beriberi does not meet the criteria for a compensable evaluation as there is no evidence of active disease or residual effects.

The Board denied the veteran's claims for increased ratings for his service-connected chondromalacia of the left knee and arthritis of the left knee, finding that the evidence did not support a higher rating based on recurrent subluxation or instability, or limitation of motion.