Other conditions decisions — 2008

The Board has determined that a VA examination is needed to determine if the veteran's current bilateral bunion and foot condition may be related to service. The claim will be remanded for this purpose.

The Board found that new and material evidence had not been submitted to reopen the veteran's claim for service connection for an ear condition, thus denying the reopening of the claim.

The Board has determined that the veteran's current foot disabilities are not related to his service, and thus denied his claim for service connection.

The veteran's claim for an increased rating for his service-connected panic disorder with depressive features is being remanded due to the need for additional development, including a review of the claims folder and a VA psychiatric examination.

The VA Regional Office denied the appellant's claim for VA death benefits because the decedent served in the Merchant Marine, which was not considered service in the U.S. Armed Forces for VA benefits purposes.

The veteran attempted to reopen a claim for an earlier effective date for the award of VA pension benefits, but the Board dismissed the appeal due to the improper nature of such a claim.

The Board has determined that the veteran's bilateral cataracts are at least as likely as not related to an injury from a torpedo explosion in service, and thus grants service connection for these conditions.

The Board denied the veteran's claims for service connection for esophageal cancer, including secondary to exposure to Agent Orange, and for increased ratings for PTSD. The decision also noted that the veteran had been granted a staged rating for his PTSD.

The Board has denied the veteran's claim for service connection of his right elbow disability, including bony spurs found on x-ray. The medical evidence does not support a finding that the current right elbow disability is related to an in-service injury.

The Board found that the veteran does not have a current disability manifested by dizziness, and thus denied his claim for service connection.

The Board has determined that an earlier effective date of October 17, 1991 for the granting of service connection for arthritis secondary to Crohn's disease is granted.

The veteran's appeal for service connection for retinopathy, claimed as secondary to diabetes mellitus, has been dismissed due to the appellant withdrawing their appeal.

The Board denied the veteran's claims for service connection for a low back disorder and an initial rating in excess of 10 percent for basal cell carcinoma, finding no evidence to support these claims.

The veteran is appealing the assignment of a 20 percent disability rating for arthritis secondary to his service-connected Crohn's disease. He also wishes an earlier effective date for the grant of service connection for this condition.

The Board denied the veteran's claims for increased ratings for his service-connected degenerative joint disease at L3-4, with L5-S1 spurring and tinea corporis. The veteran was previously granted a 20 percent rating in April 1993 and increased to 40 percent in September 2004. The Board found that the current schedular ratings adequately reflect his disability.

The Board found that the appellant's husband did not have qualifying service with the United States Armed Forces, and therefore was not a veteran for purposes of eligibility for VA benefits. As a result, the appellant is not eligible for VA death benefits.

The Board found that the veteran's eye disorder is not attributable to service, and thus denied his claim for service connection.

The Board has determined that the veteran's PTSD is not service-connected due to lack of credible supporting evidence for claimed in-service stressors. The deviated nasal septum and allergic rhinitis have been evaluated as they are currently manifested.

The Board has determined that an earlier effective date for the assignment of a 100% evaluation for dissociative amnesia is not warranted as it was not factually ascertainable that the disability met the criteria for such rating prior to February 23, 2004.

The VA has determined that the veteran's breast cancer is not related to his active service, including presumed exposure to Agent Orange in Vietnam. The Board finds the VA medical opinion persuasive and denies the claim.