Other conditions decisions — 2008

The Board denied the veteran's claim for an initial compensable evaluation for residuals of orchiectomy, finding that his right testicle is functioning and thus not meeting the criteria for a higher rating.

The veteran's appeal is being remanded for further development, including scheduling a hearing before a Veterans Law Judge at the RO.

The Board has granted an increased evaluation to 60 percent for Crohn's disease, the highest schedular rating available under Diagnostic Code 7323.

The Board has remanded the case due to incomplete VCAA notifications and a need for further development regarding the veteran's dental disorder claim.

The veteran's appeal for an increased rating for hallux valgus of the right foot is being remanded due to additional evidence submitted since the Board hearing. The RO will consider this new evidence and issue a supplemental statement of the case if necessary.

The veteran's appeal is dismissed due to his death during the pendency of the appeal.

The veteran's claim for an increased evaluation for a duodenal ulcer is being remanded due to the need for further development, including obtaining medical records and scheduling a VA examination.

The veteran's initial rating for limitation of motion of the lumbar spine before January 19, 2006 was granted at a 20 percent level. The rating for right-sided lumbar radiculopathy remains at 10 percent.

The Board found that the veteran's service-connected pelvic injury does not warrant a compensable rating, as his hip flexion is at least 90 degrees and abduction is at least 45 degrees. The pain associated with the condition was determined to be unrelated to the service-connected injury.

The Board found that the service-connected left knee disorder did not contribute to the veteran's death, as it was not a contributing cause of death according to VA regulations. The immediate causes of death were third degree heart block, peripheral vascular disease, hyperkalemia, and congestive heart failure.

The veteran's claim for an increased rating for her service-connected residuals of an injury to the right maxilla is being remanded due to the need for additional development, including a VA examination by an oral surgeon and obtaining records from Dr. Castell

The Board denied the veteran's claim for service connection for colon cancer, finding no evidence of exposure to ionizing radiation in service and no basis for finding that the condition began or became manifest within one year of separation from active duty.

The Board denied the claim for service connection for cause of death due to a lack of evidence showing that the veteran's cholangiocarcinoma was directly caused by his military service or presumed exposure to herbicides.

The veteran's claim for compensation under 38 U.S.C.A. § 1151 was denied because the evidence did not show that there was an element of fault on the part of VA in providing the cataract surgery, which resulted in additional disability.

The Board has determined that the veteran does not meet the criteria for service connection for a skin disorder, an unspecified growth in his mid-back, or cardiovascular disease due to lack of evidence of current disability and no link between any incident of active duty service.

The veteran's claim for a compensable rating for his service-connected sebaceous cyst of the scrotum is being remanded due to additional development needed, including obtaining medical records and scheduling an examination.

The Board has remanded the case due to inadequate VCAA notice and further development is required.

The Board denied the appellant's claim for benefits under 38 U.S.C.A. § 1805 for a child born with spina bifida because there is no evidence of a diagnosis of spina bifida.

The Board denied the veteran's claims for service connection for heat exhaustion and shortness of breath, as well as his claim for an increased evaluation for cardiomyopathy with chronic atrial fibrillation/flutter. The issue regarding a compensable disability evaluation for bilateral pes planus (flat feet) was remanded to the Appeals Management Center.

The Board has determined that additional development is needed, including obtaining SSA records and providing VCAA notice as required by the Court's decisions in Vazquez-Flores v. Peake and Kent v. Nicholson.