Other conditions decisions — 2008

The Board has granted an increased evaluation of the veteran's service-connected left patella, healed fracture from 10 percent to 20 percent effective September 10, 2003.

The veteran's bilateral shin splints are currently rated as noncompensable under Diagnostic Code 5312. The evidence does not show any moderate muscle disability, and the benefit-of-the-doubt standard is not applicable.,The veteran's varicose veins of both lower extremities do not meet the criteria for a compensable evaluation under Diagnostic Code 7120. There is no edema or other symptoms associated with her varicose veins.

The Board found that the evidence does not support a finding of service connection for HIV, as there is no credible evidence linking the condition to service. The veteran's allegations were deemed unreliable and inconsistent with other medical records.

The Board denied the veteran's claims for increased rating of left epididymitis and service connection for emphysema and squamous cell carcinoma, finding that the evidence did not support a higher rating or service connection based on presumed Agent Orange exposure.

The Board found that the reduction of the disability evaluation for adenocarcinoma of the prostate from 100% to 40%, effective May 1, 2004, was proper due to improvement in the veteran's condition. The veteran is currently receiving the maximum schedular evaluation for residual atrophic testicles.

The veteran withdrew his appeal, requesting that VA cancel the appeal. As a result, there is no longer an issue for appellate consideration.

The Board has determined that the cause of the veteran's death was due to pneumonia and sepsis with multiorgan failure, which were not service-connected or related to any service-connected disabilities. Therefore, the claim for service connection for the cause of the veteran's death is denied.

The Board found that the appellant's period of service from October 20, 1972 to September 29, 1975 ended with an other than honorable discharge due to willful and persistent misconduct. Therefore, his period of service is dishonorable for VA purposes and acts as a bar to VA compensation benefits, including nonservice-connected pension. The Board also found that the appellant's period of service from July 27, 1972 to October 19, 1972 was not active military service and thus does not qualify him as a veteran for nonservice-connected pension benefits.

The Board found that the appellant's deceased husband did not have qualifying service under U.S. laws and regulations, thus denying her claim for VA death benefits.

The Board has remanded the case for additional development, including a medical examination to determine if the veteran's restrictive lung disease is related to his exposure to chemicals during military service.

The Board has determined that the veteran has a current disability of residuals of a left great toe and toenail injury, which is related to an in-service injury. The claim for service connection is granted.

The Board found that the veteran's motor vehicle accident, which resulted in his death, was not related to his service. The cause of death was deemed unrelated to any service-connected conditions.

The veteran's appeal is being remanded to the RO for consideration of her increased rating claims on an extraschedular basis due to marked interference with employment.

The Board found that the veteran had not been rated as 100 percent disabled during the eight years preceding his death and denied the claim for additional DIC under 38 U.S.C.A. § 1311 based on hypothetical entitlement to a total disability rating for a continuous period of at least 8 years prior to death.

The Board denied the appellant's claim of service connection for the cause of her husband's death, finding that there was no evidence linking his hepatic carcinoma to his military service.

The veteran's appeal has been withdrawn, and the case is dismissed.

The veteran's left knee disability, characterized as ACL with MCL tear and partial meniscectomy, was granted a compensable evaluation from July 9, 2001. A higher evaluation of 10 percent was assigned for the period prior to March 25, 2002, due to increased symptoms including pain, swelling, and limited motion. The veteran's disability was rated at 20 percent after August 16, 2002, following his arthroscopic surgery.

The Board denied the veteran's petition to reopen his claim of service connection for a musculoskeletal disability, finding that the new evidence submitted did not bear directly and substantially upon the specific matter under consideration.

The Board has determined that the veteran's interstitial pulmonary fibrosis is more likely than not related to his in-service asbestos exposure, and thus service connection for an asbestos-related pulmonary disorder is granted.

The Board has granted service connection for steatonecrosis and liver disease/gall bladder disease - non alcoholic fatty liver disease. An initial evaluation of 30 percent is assigned for IBS with GERD.