Other conditions decisions — 2008

The Board remands the issues of service connection for epididymitis and residuals of a left testicle excision to the RO via the Appeals Management Center (AMC) for further development.

The Board denied the veteran's claim for service connection for a gastrointestinal disability, to include as secondary to his service-connected spine disability.

The Board denied the veteran's claims for increased ratings for his left shoulder and ulnar nerve impairment, finding that the evidence did not support a higher rating under applicable criteria.

The veteran's claim for a rating in excess of 10 percent for his left eye disorder prior to December 19, 1996, and for a rating in excess of 30 percent on and after that date, was denied as the evidence did not support higher ratings.

The veteran's claims for increased evaluations were partially granted, with a 20 percent evaluation assigned to the residuals of cold injuries affecting his feet and hands. The claim for an evaluation in excess of 20 percent for shrapnel wounds was denied.

The veteran's son, K., was found to be permanently incapable of self-support prior to attaining the age of 18 years due to his emotional and psychiatric disabilities.

The appellant's service in the New Philippine Scouts from August 1946 to March 1949 does not qualify for VA nonservice-connected pension benefits.

The Board denied service connection for residuals of trauma, left eye as the accident that caused the injury did not occur during a period of ACDUTRA.

The Board denied the veteran's claim for an earlier effective date for a 10 percent rating for his left ankle disorder, finding no clear and unmistakable error in the prior reduction of his disability rating.

The Board remands the case to obtain further medical input regarding the relationship between the veteran's prostate cancer and his service-connected retained metallic shrapnel in his prostate gland, specifically addressing whether the veteran's prostate cancer was aggravated by an inability to undergo radiation therapy or a delay in diagnosis due to the presence of the shrapnel.

The veteran's right fourth finger fracture residuals do not warrant a compensable rating as there is no amputation or extremely unfavorable ankylosis of the finger.

The case is remanded for additional development to determine the nature and extent of the veteran's left arm shrapnel wound residuals.

The appeal is remanded to the RO for further development, including obtaining additional evidence and scheduling a VA examination.

The veteran was granted a separate compensable rating for the scar associated with the left inguinal hernia repair, and service connection was established for loss of the left testicle as secondary to the service-connected hernia repair.

The Board found that the veteran's duodenal ulcer did not meet the criteria for a rating in excess of 20 percent prior to December 1, 2006, and did not meet the criteria for a rating in excess of 40 percent as of December 1, 2006.

The veteran's claim for service connection for a right leg disorder was denied as there is no evidence of current right leg pathology beyond that already service-connected. The TDIU claim was also denied as the veteran does not meet the criteria for a total disability rating.

The Board granted service connection for the cause of the veteran's death, finding that his stomach adenocarcinoma was related to his active duty service.

The appeal was denied as the law dictates that the proper effective date for an award of DIC for the deceased veteran's child is August 20, 2004.

The Board denied service connection for chronic sinus infections due to allergies as the condition preexisted service and there was no evidence of an increase in severity during active duty.

The veteran's grandchild, B.M.H., adopted by the appellant after the veteran's death, may not be recognized as the veteran's adopted child for VA purposes.