Other conditions decisions — 2008

The VA determined that the veteran's Crohn's disease does not result in malnutrition, and therefore, his disability rating of 30 percent is appropriate.

The veteran's claims for unauthorized medical expenses incurred at private facilities were denied as the claims were not timely filed, and there was no service-connected condition that would have qualified under VA regulations.

The Board denied service connection for a viral syndrome and right hip disorder, finding no new and material evidence to reopen the claim for viral syndrome. The Board also found that there is no competent medical evidence showing a current disability or a link between any diagnosed condition and active duty service.

The appellant's spouse did not have verified active military service with the United States Armed Forces, and therefore is not eligible for VA benefits.

The Board has determined that the appellant did not timely file a substantive appeal regarding the denial of service connection for the cause of the veteran's death and entitlement to accrued benefits from the December 2002 rating decision. As such, the appeals are dismissed.

The Board has determined that the veteran's current arthritis is not attributable to service or his service-connected Henoch-Schonlein Purpura (HSP).

The Board has remanded the case for further development, including obtaining medical records from Madigan Army Medical Center.

The Board denied the veteran's claims for service connection for hernias, pharyngeal seals, colostomy and colon resection, blood in stool, and hiatal hernia as secondary to Agent Orange exposure. The claim for increased rating for diabetes mellitus was also denied.

The Board has remanded the case for additional development, including obtaining medical records and scheduling a VA examination to evaluate the veteran's service-connected pleuritis. The issue of an initial compensable rating for pleuritis remains on appeal.

The Board found that the veteran's thoracic spine disability was not incurred in or aggravated by her active service and denied her claim for service connection.

The veteran's left arm sw residuals are manifested by injuries to Muscle Groups III and V, which are best characterized as slight and moderate respectively. Limitation of motion in the left elbow is attributed to nonservice-connected arthritis. The Board denied a rating in excess of 20 percent for these residuals.

The VA denied the veteran's claim for an increased evaluation, finding that his right shoulder condition does not meet the criteria for a rating in excess of 20 percent.

The veteran's right knee disability is currently rated at 10 percent for limitation of flexion, and a separate 30 percent rating was granted from February 5, 2004 to October 26, 2004. After this date, the veteran is entitled to a 10 percent rating for limitation of extension.

The Board denied the veteran's claims for service connection for a skin disorder and hypertension. The decision found that hypertension was not incurred in or aggravated by service, direct or presumptively. For the skin disorder, the Board noted there was no evidence of its onset during service or within one year after separation from service.

The Board has remanded the veteran's claim for additional evidentiary development due to unclear service records and potential active duty, ACDUTRA, or INACDUTRA involvement in a back injury.

The Board has denied service connection for keratitis. The claims of service connection for systemic arthritis and right eye cataract, as well as compensation under 38 U.S.C.A. § 1151 for residuals of cataract surgery, are pending.

The Board has granted a 30 percent disability rating for the veteran's keloids, anterior and posterior thorax. The effective date of this grant remains April 24, 2003, as it corresponds to the date the claim was received by VA.

The Board has determined that further development is necessary for the veteran's claims, including additional VA examinations and consideration of TDIU. The issues include increased evaluations for spondylolisthesis and duodenal ulcer, as well as a claim for TDIU.

The veteran's death was not caused by VA medical carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault. The Board found no evidence to support the claim that VA was negligent in diagnosing and treating the veteran's colon cancer.

The Board denied the veteran's claims for service connection for vomiting, cramps, diarrhea, sweating, salivation, tearing, muscle/joint pain, restlessness, weight loss and decreased stamina. The Board also denied his claims for alcohol and drug addiction, back problems, diabetes, and hepatitis C as they were not incurred in or aggravated by service.