Other conditions decisions — 2008

The veteran's erectile dysfunction and penis deformity have been granted a 20 percent evaluation throughout the appeal period, effective from November 10, 2005. No higher rating is warranted.

The appeal is being remanded due to the failure to notify the appellant of her scheduled hearing at the wrong address. The case will be returned to the RO for scheduling a new hearing before a Member of the Board.

The Board denied the veteran's claims for initial compensable ratings for left ear hearing loss and service connection for right ear hearing loss, as well as his claim for an initial rating in excess of 10 percent for cervical spine disability. The veteran's cervical spine disability is currently evaluated as 10 percent disabling.

The Board has granted an initial rating of 20 percent for gouty arthritis of the left elbow effective March 21, 2005. Since September 8, 2007, a separate 10 percent rating is assigned for limitation of flexion and extension of the left knee.

The Board denied the veteran's claims for service connection for gluteal sarcoma and pulmonary cancer, finding no evidence of exposure to asbestos, ionizing radiation, or Agent Orange during service. The conditions were not shown in service or within one year post-service discharge.

The veteran's claim for payment or reimbursement of unauthorized medical expenses incurred on September 11, 2005 was timely filed and the VAMC must now decide if he satisfies all criteria for payment under VA regulations.

The Board denied the veteran's motion for revision or reversal on grounds of CUE in their January 2006 decision to deny an extension of her basic 10-year period of eligibility for receiving educational assistance benefits under Chapter 30, Title 38, United States Code.

The Board has denied the veteran's claims for service connection for residuals of shell fragment wounds of each thumb and deformity of the left middle toe, finding no evidence to support these conditions during or after service.

The Board has remanded the case due to inadequate notice and a deficient examination, requiring further development including obtaining service treatment records and a dose estimate of radiation exposure.

The Board denied the veteran's claims for service connection for neck pain, boils on the groin and arms, and insomnia, all of which were claimed as due to undiagnosed illnesses from active duty in Southwest Asia. The Board found that these conditions are not related to service.

The Board finds that the preponderance of evidence is against a finding that the veteran sustained trauma to tooth #14 in service, and thus denies service connection for the residuals of dental trauma to tooth #14.

The Board has determined that the veteran's squamous cell carcinoma, which caused his death in March 2003, was not service-connected due to lack of evidence linking it to his military service or exposure to herbicides.

The VA determined that the veteran's left ankle disability does not warrant a rating higher than 10 percent, as there is no evidence of marked limitation of motion or malunion of the tibia/fibula.

The Board has remanded the case for further development and readjudication, including consideration of whether separate ratings are warranted for other manifestations of the veteran's nerve disability.

The Board has granted the veteran's claim for service connection for a compression fracture of the fifth dorsal vertebra, finding that this condition is related to his in-service injury and continues to cause current disability.

The VA has determined that the veteran's arthritis of multiple joints is not related to his military service and thus denied his claim for service connection.

The Board has denied the veteran's claim for an extension of a temporary total convalescent rating beyond May 31, 1997, due to right knee surgery performed on April 14, 1997. The evidence did not show severe postoperative residuals or immobilization.

The VA denied a compensable evaluation for the veteran's service-connected circumcision residuals, finding no objective medical evidence of unusual scars or abrasions resulting from the surgery.

The Board denied the claim of entitlement to service connection for the cause of the veteran's death and also denied DIC benefits pursuant to 38 U.S.C.A. § 1151, finding that there was no evidence showing that the veteran's death was caused by VA carelessness or negligence.

The veteran's claims for service connection and increased rating are being remanded due to the need for additional development, including obtaining medical records and scheduling a VA examination.