Other conditions decisions — 2008

The veteran's appeal for a total disability rating based on individual unemployability due to service-connected disabilities has been dismissed due to the death of the veteran.

The Board has remanded the case for further development, including obtaining VA medical records and scheduling a gynecological examination. The appeal is also remanded to consider entitlement to an increased rating for a right ovarian cyst.

The veteran has withdrawn his appeals for service connection of gunshot wounds to the head and abdomen, thus dismissing these claims.

The Board has determined that the veteran is entitled to service connection for gastric motility disorder, gastroparesis, esophageal dysmotility, and status post Nissen fundoplication and PEG/PEJ in place. Service connection was not granted for multiple sclerosis.

The Board found that the veteran does not have toxic encephalopathy or any other neurological disability associated with in-service exposure to toxins, solvents, and/or vaccinations. Therefore, service connection for toxic encephalopathy is denied.

The Board denied the veteran's claims for service connection for residuals of a right tibia stress fracture and bilateral shin splints, finding no current disability from these conditions.

The Board has determined that the veteran's deformity of the right thumb existed prior to service and was not aggravated by active service, thus denying his claim for service connection.

The Board determined that the appellant's deceased husband did not have recognized service, and therefore denied basic eligibility for VA benefits.

The Board has denied the veteran's claims for service connection for costochondritis, arthritis, and a bilateral knee disability. The Board found that the veteran's costochondritis was incurred in service, but her arthritis and knee disabilities are not related to her military service.

The veteran's claim for an increased evaluation of his service-connected residuals of a gunshot wound to the right axilla was granted, and he is now rated at 20 percent effective June 22, 2007. The effective date for this increase remains September 30, 2004.

The Board has granted service connection for aggravated residuals of amputation of the second and third toes of the left foot, with callosities of the third metatarsal head. The appeal regarding timeliness of the substantive appeal for service connection for residuals of frostbite of the left foot is denied.

The Board has determined that there is no evidence of current left leg or left rib disorders, and thus service connection for these conditions cannot be granted.

The Board has granted the appellant's request to be recognized as the surviving spouse of the veteran for purposes of Dependency Indemnity Compensation (DIC) benefits.

The veteran did not die of a service-connected disability, and thus is not eligible for nonservice-connected burial benefits.

The Board found that the veteran's benign prostatic hypertrophy (BPH) is not related to his service-connected diabetes mellitus, and thus denied the claim for service connection.

The Board found that the veteran's arthritis was not incurred in or aggravated by active service and may not be presumed to have been so incurred or aggravated due to exposure to ionizing radiation during service.

The veteran's 20% rating for shrapnel wound residuals was restored from January 1, 1983 to June 25, 1996.

The veteran's epididymitis with residuals of cyst excision has been rated at a 10 percent disability rating since the initial grant of service connection in March 2006.

The veteran's death was not caused by a service-connected disability, and he did not have the requisite wartime service for nonservice-connected pension. The claim for accrued benefits is denied as it was filed more than one year after his death.

The veteran's household income for the year preceding his application for treatment in VA's healthcare system without a copayment requirement exceeded the threshold, thus denying him eligibility.