Other conditions decisions — 2008

The Board has determined that the veteran's fatigue, sleep disorder, and recurrent skin rash are presumed to have been incurred during her service in the Persian Gulf War.

The Board found that the veteran's leg length discrepancy is a congenital defect and did not show any evidence of superimposed disease or injury in service. The claim for service connection was denied as there is no evidence to suggest that the condition worsened beyond its natural progression.

The VA determined that the veteran's service-connected left ulna disability, which includes a fractured left ulna and post-traumatic arthritis of the left elbow, does not warrant an increased rating beyond the current 20 percent evaluation.

The Board denied the appellant's claim of entitlement to service connection for multiple myeloma, for the purposes of entitlement to accrued benefits. The appeal was remanded again due to uncertainty regarding the veteran's exposure to DDT during service.

The Board has determined that the veteran does not have a current refractive error, sleep disorder, or eating disorder separate from his service-connected schizophrenia.,Service connection for these conditions is denied as there is no evidence of a chronic condition related to service.

The Board has determined that the veteran's service-connected postoperative residuals of a partial Achilles tendon tear warrant an initial rating in excess of 20 percent, but not more than 20 percent. The scar resulting from the surgical repair of the right Achilles tendon is rated at 10 percent since May 1, 2004, and none greater.

The Board denied service connection for chest pains, mitral valve prolapse, S-4 gallop at left sternal border, left ventricle valve regurgitation, bundle branch blockage, left ventricular hypertrophy, murmur, dizziness, fatigue, and high cholesterol. The veteran's claimed conditions were not related to his military service.

The Board denied a rating in excess of 20 percent for the veteran's service-connected gunshot wound residuals, of the right arm and shoulder.

The Board has remanded the case for a Travel Board hearing to address the veteran's claims of service connection for memory loss, concentration difficulty, and stiff joints.

The Board found no evidence linking the veteran's current chest discomfort and palpitations to her service, including any symptoms of premature ventricular contractions. The claim is denied.

The veteran's death was not due to VA care, and the cause of death (respiratory failure) was reasonably foreseeable. The appellant does not have service-connected disabilities that would qualify her for DEA benefits.

The Board denied service connection for hairy cell leukemia, finding that the condition was not related to in-service disease or injury and did not arise from exposure to herbicides.

The Board found no evidence of current residuals from service-connected ear infections and denied the claim.

The veteran's emergency services for a nonservice-connected disability at a non-VA facility were denied as he did not have a service-connected condition and had not received VA medical services within the previous 24 months.

The Board determined that the veteran's death was not caused by or substantially contributed to by a service-connected disability, and thus denied service connection for the cause of his death. The monthly rate of VA death pension benefits was also denied.

The Board denied the veteran's claims for initial compensable ratings for residuals of a right great toe fracture and an increased rating for right shoulder acromioclavicular strain, finding that the evidence did not meet the criteria for higher disability ratings.

The Board denied service connection for Lyme disease and granted service connection for gall bladder disease, attributing the latter to its manifestation during active duty and aggravation by service-connected conditions.

The veteran's service-connected varicose veins have been rated as 20 percent disabling in each lower extremity. The post-operative scars are not compensably disabling. The Board finds that the veteran does not meet the schedular requirements for a TDIU based on his service-connected disabilities.

The Board found that the veteran's current arthritis was not incurred in or aggravated by his military service and denied his claim for service connection.

The veteran seeks to receive concurrent VA disability compensation and military retirement pay (MRP) for the period from January 1, 2004 to December 31, 2004. The RO denied his claim due to lack of explanation regarding the basis for withholding MRP payments.