Other conditions decisions — 2008

The veteran's claim for an increased rating for thrombophlebitis and varicose veins of the left lower extremity is being remanded due to inadequate notification and development under the Veterans Claims Assistance Act of 2000.

The Board has determined that service connection for the cause of the veteran's death is warranted, resolving doubt in favor of the appellant.

The Board found that the veteran's death was not caused by his service-connected malaria, and thus denied the claim for service connection for cause of death.

The veteran's appeal has been withdrawn, and the case is dismissed.

The Board found new and material evidence to reopen the claim for venous insufficiency of the lower extremities but denied service connection. The cerebral atrophy with bilateral lower extremity loss of balance was not linked to service, and PTSD was also not granted as service-connected.

The Board has determined that the veteran's current back injury is not related to his active service and therefore denied his claim for service connection.

The Board has determined that the veteran's claim for compensation under 38 U.S.C.A. § 1151 is denied as there is no evidence showing that VA carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of VA caused an additional disability.

The VA granted service connection for a mallet deformity of the right ring finger and assigned an effective date of September 20, 2004. The veteran is currently receiving a 10 percent rating on an extraschedular basis.

The veteran seeks service connection for Crohn's disease, including stomach and colon disabilities, as due to exposure to herbicides. The Board has remanded the case for further development.

The Board denied the veteran's claims for increased ratings for his right arm disability and scar, finding that a rating in excess of 10 percent is not warranted based on the current evidence.

The Board has determined that the veteran's left hip labral tear is proximately due to his service-connected left knee and right hip disabilities, resolving all doubt in favor of the veteran.

The Board granted a rating of 40 percent for the veteran's back disability, effective from November 19, 2007. The other issues were not addressed in this decision.

The Board has reopened the veteran's claim for service connection of a right hip disorder due to new evidence submitted. However, the claim remains denied as there is no medical evidence showing that the current right hip disorder or arthritis was incurred in service.

The Board denied the veteran's claims for service connection for a neck/spinal disorder and an increased rating for dermatitis, upper neck, midline anterior. The veteran was found not to have a current chronic cervical spine or neck disorder.

The Board has determined that the veteran's service-connected malaria is inactive and without residuals such as liver or spleen damage, thus denying a compensable disability rating.

The Board has reopened the veteran's claim for service connection for depressive neurosis and remanded it for further development, including a VA examination to determine if any current psychiatric disabilities are related to his military service.

The Board has granted service connection for a respiratory disability and determined that the veteran's right shoulder disability warrants evaluations of 20 percent from October 24, 2002 to July 28, 2003, 30 percent from September 1, 2004 to February 16, 2006, and 60 percent thereafter. The reduction in evaluation was found to be proper.

The Board denied service connection for the cause of death due to metastatic colon cancer, finding that it was not related to service or ionizing radiation exposure.

The veteran's claims for earlier effective dates for service connection and increased disability ratings are denied as the current awards are effective to the date service connection has been established.

The veteran's unauthorized medical expenses incurred at Shands Jacksonville Medical Center on November 27 and November 28, 2004 are denied as he did not meet the eligibility criteria for reimbursement under VA regulations.