Other conditions decisions — 2009

The Board has determined that the Veteran's claimed disabilities are not related to his active service, including exposure to ionizing radiation during Operation HARDTACK I. The appeal is denied.

The Board denied the Veteran's claims for increased ratings for his service-connected left and right foot cold injury residuals, finding that they did not meet or nearly approximate the criteria for a rating in excess of 20 percent.

The Board has granted service connection for squamous cell carcinoma of the tonsil, finding that it is related to Agent Orange exposure.

The Veteran's appeal for service connection for status post breast cancer has been withdrawn by the appellant's representative.

The Veteran's income was below the maximum annual pension rate, and he is entitled to non-service-connected pension benefits beginning July 25, 2005.

The Veteran's appeal for special monthly pension was dismissed due to his death during the pendency of the appeal.

The Veteran's appeal for special monthly compensation has been dismissed due to his death during the pendency of the appeal.

The Veteran's claims for morphine addiction and weakness and numbness of the lower extremities were denied as there is no evidence of current diagnoses or in-service incurrence.,The claim for service connection for sleep apnea was denied as the disorder did not begin during active military service, nor is it related to any disease or injury incurred therein.

The Board has determined that an effective date prior to May 2, 2000 for the award of DIC benefits is denied as there was no communication from the appellant expressing intent to reopen her claim for DIC after the September 1989 decisional letter and prior to May 2, 2000.

The Veteran's currently diagnosed arthritis of the right hand is not shown to have been incurred due to a disease or injury in service, nor was it shown to have been aggravated by his service, nor may it be presumed to have been incurred in service.

The Veteran's hypertension is not shown to meet the criteria for a compensable evaluation, as his blood pressure readings have been below the threshold required for a higher rating.

The Board has granted a 30 percent disability rating for the Veteran's service-connected postoperative fracture of the left medial malleolus, finding that there is ankylosis in dorsiflexion between zero and ten degrees. This represents a higher rating than the current 20 percent assigned under Diagnostic Code 5271.

The Board denied the appellant's request to reopen his prior claim for eligibility for VA benefits due to lack of new and material evidence.

The Veteran's claim for an increased rating and TDIU was denied. The left elbow disability is currently rated at 30 percent.

The appellant's claim for VA benefits is denied as he does not meet the basic eligibility requirements due to lack of service with the U.S. Armed Forces.

The Board has determined that the appellant's uterine disability, prior to May 20, 2008, warranted a 30 percent evaluation. Beginning on May 20, 2008, when she underwent a supracervical hysterectomy, her disability was rated at 100 percent. From August 20, 2008, the date of surgery, until now, she is entitled to a 30 percent evaluation.

The Board found that the Veteran's recurrent brain stem hemorrhages resulting from an arteriovenous malformation were aggravated in service, and granted his claim for service connection.

The Veteran's keratoses and recurrent skin rashes are rated at 10% since July 1, 1993. The gynecomastia with excision of a right breast mass is not rated as it does not meet the criteria for any rating.

The Veteran's appeal is being remanded for additional development, including obtaining VA medical records and considering the possibility of separate ratings for right knee and leg residuals.

The Board has determined that the appellant did not have qualifying service and is therefore not a Veteran for purposes of establishing eligibility for VA benefits.