Other conditions decisions — 2008

The Board has granted a 10 percent evaluation for spurs of the right os calcis, finding that the condition is primarily manifested by pain and an antalgic gait with moderately severe foot injury and limitation of motion. The veteran's other claim for increased rating for chronic airway obstruction was not addressed in this decision.

The Board has granted a 30 percent evaluation for left os calcis fracture residuals and a 10 percent evaluation for the residuals of cholecystectomy, effective from the date of the decision.

The Board found that the veteran's laceration of the right hand did not meet the criteria for an evaluation in excess of 10 percent disabling, thus denying his claim.

The VA determined that the appellant's deceased husband did not have valid military service with the United States Armed Forces, thus denying her claim for basic eligibility for VA benefits.

The Board has granted service connection for a sinus disorder, finding that the veteran's current condition is related to his inservice nasal injury.

The Board denied the veteran's claims for service connection for malnutrition and typhoid fever, finding that there was no credible evidence of POW status and thus not meeting the criteria for presumptive service connection. The claim for typhoid fever was also denied as there were no residuals found.

The Board has determined that the veteran's current heart condition is not related to his service-connected disabilities, including diabetes mellitus and PTSD.

The Board denied the veteran's claim for a rating in excess of 30 percent for his service-connected right eye injury, finding that his current visual acuity does not meet the criteria for a higher rating.

The Board has found that the weight of the competent and probative evidence is against a finding that the veteran suffers from a respiratory disorder. Therefore, service connection for this condition cannot be granted.

The Board denied the appellant's request for an earlier effective date of December 1, 1992, for DIC benefits based on service connection for the cause of her husband's death. The decision stated that the claim was not received within one year after his death and thus the earliest possible effective date is December 1, 1992.

The veteran's glioblastoma multiforme is not service-connected due to Agent Orange exposure. Service connection for hypoglycemia was established during service and continues to be in effect.

The case is being remanded due to the failure of the RO to comply with special procedural regulations for contested claims. The veteran and his estranged spouse need to be notified of the content of the appellant's substantive appeal and given an opportunity to respond.

The Board has remanded the case due to a need for an opinion regarding whether the veteran's dizziness, nausea, and loss of balance are related to his service-connected ear disabilities.

The Board has determined that the veteran's ankylosing spondylitis, which was first diagnosed years after service, did not have its onset during active duty and is not linked to any in-service event. As a result, service connection for this condition is denied.

The Board denied the veteran's claim for an initial evaluation in excess of 10 percent for service-connected chronic right trochanteric bursitis with snapping iliotibial band of the right hip, finding that his disability did not meet or approximate criteria warranting a higher rating.

The Board found that the overpayment of VA nonservice-connected pension benefits was properly created, and thus denied the veteran's appeal.

The veteran's skin cancers have been medically attributed to his active duty service and/or to his service-connected actinic keratosis, warranting a grant of service connection.

The Board found no current skin rash disability and denied the veteran's claim for service connection.

The appellant is not eligible for DIC benefits as she did not meet the legal criteria to be recognized as the veteran's surviving spouse.

The veteran's appeal for special monthly compensation based on aid and attendance/housebound status has been dismissed due to the death of the appellant.