Other conditions decisions — 2008

The veteran died from asphyxia and carcinoma, neither of which were service-connected or related to his military service.

The Board denied the veteran's claim for service connection for residuals of a right thigh contusion as there is no current evidence of such condition.

The veteran's service-connected right leg fracture is currently rated at 10 percent prior to July 27, 2004 and at 20 percent as of that date. The Board has remanded the case for additional development.

The Board finds that the veteran does not have residuals of heat stroke, and thus service connection is denied.

The Board has denied the veteran's claims to reopen his service connection claims for right eye cataracts and left eye condition due to lack of new and material evidence.

The Board found that the veteran's AVN of the hips resulted from his voluntary and willful drinking to excess during service, which is not considered a line of duty injury. Therefore, the claim for service connection was denied.

The VA determined that the veteran is not competent to handle disbursement of funds due to her mental health condition, specifically schizoaffective disorder with anorexia.

The Board has determined that the veteran does not have an 'active disease' as contemplated by the rating criteria, and therefore a compensable disability rating for non-Hodgkin's lymphoma is denied.

The veteran's right ring and little finger scars are rated separately as they have different symptoms on different fingers. The fourth finger scar is painful and tender, while the fifth finger scar has resulted in at least three cysts, leading to ulceration, swelling, functional impairment, and limitation of motion. The left arm disorder was not shown in service or for many years after service and is not shown to be related to service.

The Board has denied the veteran's claims for service connection for a dental disorder, as well as his requests for higher ratings for diabetes mellitus with erectile dysfunction, hypertension, and an adjustment disorder with depressed mood. The decision notes that the veteran does not meet the criteria for compensation under VA regulations due to the nature of his dental condition.

The veteran's claim for an initial compensable evaluation for a right foot disorder has been denied as the evidence does not support a finding of moderate malunion or nonunion of the metatarsal or tarsal bones, which is required for a compensable rating under Diagnostic Code 5283.

The Board denied the reopening of the veteran's claim for service connection for blastomycosis, finding that new and material evidence had not been presented.

The Board finds that the preponderance of evidence does not support an award of a higher disability rating than 50 percent for the veteran's bilateral pseudophakia, status post retinal detachment repair of the left eye.

The VA did not find that the veteran's additional disability was caused by carelessness, negligence, or fault on the part of VA in performing a colonoscopy. The Board denied the claim as there is no medical evidence supporting the veteran's contention.

The veteran's request for a home computer was denied, and she requested a personal hearing. The case is being remanded to provide her with the requested formal hearing.

The RO denied the veteran's informal claim for an increased evaluation of his schizoaffective disorder in May 1984 and did not notify him of this denial. The issue was pending when he submitted a notice of disagreement, but no SOC was issued. The RO never responded to the notice of disagreement.

The VA has denied the veteran's claims for increased evaluations and initial higher ratings for peripheral neuropathy of the lower extremities, finding that the current evaluations adequately reflect his disability.

The Board has determined that the veteran's claims for service connection for nicotine dependence and gastrointestinal disorder, to include as due to nicotine dependence are both pending. The veteran is seeking service connection for these conditions on a secondary basis.

The Board denied the veteran's claim for an earlier effective date for his TDIU award, finding that there was no factual basis to support such a request.

The Board found that the veteran's muscle twitching and joint pain did not manifest during service or are related to his military service, including as due to undiagnosed illness. The claim for service connection was denied.