Other conditions decisions — 2008

The veteran is entitled to a 60 percent evaluation from July 5, 2004 through February 23, 2006 for osteomyelitis of the right foot. From April 1, 2006, he is not entitled to an increased evaluation.

The Board denied the veteran's claims for increased ratings for his service-connected residuals of blunt trauma, left eye; herniated nucleus pulposus (HNP), degenerative joint disease, L4-5; and radicular symptoms, left lower extremity.

The veteran's appeal for nonservice-connected pension benefits has been dismissed due to the withdrawal of the appeal by his representative.

The Board found that there was no evidence linking the cause of the veteran's death to his service, including any potential exposure to Agent Orange. The claim for service connection for the cause of death is denied.

The Board has determined that the veteran's current renal disorder, including UTI, is not related to service and denied his claim for service connection.

The Board has remanded the case for further development, including obtaining VA medical records and arranging for a VA examination to determine if the veteran's hiatal hernia/severe reflux disease is related to her service-connected psychophysiologic gastrointestinal disorder.

The veteran's claim for a rating in excess of 70 percent for her service-connected panic disorder was denied, and her claim for an effective date earlier than July 4, 2003 for the award of TDIU was also denied.

The VA determined that the veteran's adjustment disorder does not meet the criteria for a higher rating as it does not cause significant occupational and social impairment.

The appellant withdrew her appeal regarding DIC based on service connection for the cause of the veteran's death.

The Board has determined that the veteran's residuals of corneal perforation of the left eye do not meet the criteria for a disability rating in excess of 10 percent.

The Board has determined that the cause of the veteran's death was an acute myocardial infarction, and it is not service-connected. The other conditions contributing to death are also not service-connected.

The Board found that the veteran's service-connected right foot disability, which includes a fracture of the second metatarsal, does not warrant an evaluation in excess of 20 percent.

The Board has remanded the case to allow for a VA examination and further development of evidence related to the veteran's claim for service connection for PTSD.

The Board has determined that the veteran is entitled to service connection for residuals of bipartite sesamoid injury, right foot. However, there is no current disability shown with respect to heel injury, left foot.

The veteran is seeking compensation under the provisions of 38 U.S.C.A. § 1151 for paraplegia, which he claims was caused by a delay in diagnosis and treatment at VA facilities. The case has been remanded to obtain additional medical records and an opinion regarding the potential negligence or soundness of any delays.

The Board has determined that new and material evidence has been received to reopen the claim for service connection for missing teeth due to mouth trauma. The veteran's pleural thickening and pleural plaques are found to be related to asbestos exposure in service, warranting service connection.

The veteran's claim for an increased evaluation of his skin disorder is being remanded due to concerns about the adequacy of notification and clarification needed regarding the severity of his itching.

The Board has determined that the veteran's bilateral anterior tibial ostalgia and stress fracture of the right first metatarsal do not warrant a compensable initial evaluation, as there is no evidence of nonunion or malunion of the tibia and fibula, knee or ankle disability, limited motion of the ankle, or arthritis of the knee or ankle.

The January 1966 RO decision denying service connection for residuals of injuries of the left and right arms on the basis that the injuries resulted from the veteran's own willful misconduct, and were not incurred in line of duty, was clearly and unmistakably erroneous. The issue of whether new and material evidence has been submitted to reopen the claim for service connection for residuals of injuries of the left and right arms is dismissed as moot.

The Board found no clear and unmistakable error in the October 1982 rating decision that denied service connection for the cause of the veteran's death.