Other conditions decisions — 2009

The Board has determined that the Veteran does not have a current disability related to cold injury residuals of the feet, and thus service connection is denied.

The Veteran's undifferentiated somatoform disorder with shortness of breath and dysphagia is currently rated at 50 percent, the highest available rating under the General Rating Formula for Mental Disorders. The other service-connected conditions are not rated higher.

The Board denied the appellant's claims for service connection for RSD of the LLE and for TDIU, finding that there was no clear and unmistakable evidence showing a pre-existing condition in service or aggravation during ACDUTRA. The Board also found that the appellant did not have any service-connected disabilities.

The Board has determined that the Veteran's death was caused by acute myelogenous leukemia and myelodysplastic syndrome, which are related to his exposure to radiation during service. As a result, the claim for DIC based on service connection for cause of the Veteran's death is granted.

The Board has granted a 20 percent disability rating for the appellant's status post fracture residuals of right 4th toe and residual of surgical resection of the Morton's neuroma of the right foot, finding that this more closely approximates the criteria for moderately severe impairment.

The Board denied the appellant's claim for basic eligibility for VA death benefits as her spouse did not have qualifying service to meet the requirements for such benefits.

The Veteran's service-connected umbilical hernia and left little finger disability are currently evaluated as noncompensable. The Board finds that these conditions do not warrant a higher evaluation based on the current medical evidence.

The Veteran's service-connected psychoneurosis/hypochondriasis does not render him so helpless as to require the regular aid and attendance of another person or be permanently housebound.

The Board has determined that the Appellant is recognized as the surviving spouse of the Veteran based on mutual consent and continuous cohabitation.

The Board has determined that the Veteran does not have a current diagnosis of left ear pain or epididymitis, and therefore service connection for these conditions is denied.

The Veteran's service-connected hallux valgus and hammer toes of the right foot are rated at 10 percent, but a separate rating is warranted for the hammer toes under Diagnostic Code 5282.

The Board found that the appellant's discharge from service under other than honorable conditions was due to willful and persistent misconduct, not insanity. Therefore, his discharge is considered dishonorable for VA purposes, barring him from receiving VA benefits.

The Board denied the appellant's request to reopen his claim for VA disability compensation benefits, finding that new and material evidence had not been submitted.

The Board has determined that the Veteran's shrapnel wound to the face and mouth is service-connected, as it was incurred during his military service.

The Board has remanded the case due to a lack of information regarding the appellant's discharge review by the Department of the Navy, Secretary of the Navy Council of Review Boards.

The Veteran's income exceeded the maximum annual pension rate for nonservice-connected disability pension benefits effective May 1, 2006. The claim of entitlement to nonservice-connected pension benefits from December 1, 2006 is not addressed in this decision.

The Board found that the right hip hemiarthropathy was not incurred in or aggravated by service and is not caused or made worse by the service-connected vertigo or bilateral foot weakness. The Veteran's need for aid and attendance to protect him from the hazards of his daily environment has been established.

The Board denied the Appellant's claim for VA death benefits as she was over 18 years old and married at the time of filing, making her ineligible to receive such benefits.

The Veteran's claim for a higher evaluation for his left foot surgery and entitlement to special monthly compensation based on loss of use of the left foot have been granted. The Veteran is now rated at 40% for his left foot disability, which constitutes 'loss of use' as defined by VA regulations.

The Veteran's claim of entitlement to service connection for diverticulosis is being remanded due to the need for further development, including a VA examination.