Other conditions decisions — 2009

The Board has denied the Veteran's claims for service connection for vascular insufficiency and chest pain due to a lack of evidence showing current disabilities related to these conditions.

The Veteran's initial ratings for his low back disability and associated radiculopathy of the right lower extremity have been granted, with a 20 percent rating assigned for each condition effective from November 12, 2003.

The Board has determined that new and material evidence has been received to reopen the claim for service connection of a stomach disorder secondary to PTSD. However, the Veteran's claim for an initial rating higher than 70 percent for PTSD remains denied.

The Veteran's claim for a TDIU on an extraschedular basis prior to September 5, 2003 was granted as of the date his initial claim was received (September 17, 2001).

The Board finds that the evidence is in relative equipoise regarding whether the Veteran's left testicle atrophy is related to service. The claim for service connection is granted.

The Board found no evidence linking the Veteran's fatal intraventricular hemorrhage and heart murmur to service or his service-connected conditions, thus denying service connection for the cause of death.

The Veteran's claim for an initial evaluation in excess of 20 percent for service-connected residuals, fracture of base of odontoid process was denied. The effective date for the grant of service connection for this condition was also denied as not earlier than March 14, 2001.

The Board has granted service connection for periodontitis as secondary to diabetes mellitus, denied reopening of the hypertension claim due to lack of new and material evidence, and denied a compensable rating for the scar on the back from spinal surgery.

The Board denied the appellant's claim seeking revocation of her VA benefits forfeiture, finding that she did not submit new and material evidence to reopen her case.

The Board of Veterans' Appeals has determined that the Veteran does not have a diagnosed thoracic spine condition and that any current thoracic strain is not related to service. The claim for service connection for thoracic strain is denied.

The Board has determined that the Veteran's service-connected right foot disability and puncture wound of the right leg warrant a rating of 30 percent for residuals of right foot surgery, but not a compensable rating for the puncture wound. The hip disorder issue is referred to the RO.

The Board has determined that the Veteran's CVA and its residuals are not caused or aggravated by his service-connected PTSD, thus denying secondary service connection.

The Board has determined that the Veteran does not currently have a diagnosed bilateral carpal tunnel syndrome disability and therefore, service connection for this condition is denied.

The Board denied reopening of previously denied claims for service connection for malaria, a bilateral ear disability, and POW status. The decision found that the new evidence did not raise a reasonable possibility of substantiating these claims.

The Veteran's right wrist disability, characterized by some limitation of motion, pain on motion, and the need for a brace or splint, is currently evaluated as 10 percent disabling. The evidence does not show ankylosis between 20 degrees and 30 degrees of dorsiflexion, which would warrant a higher rating under the applicable criteria.

The Board has remanded the case due to the need for additional records and a medical opinion regarding whether VA care contributed to the Veteran's death.

The Board denied the Veteran's claims for service connection for uterine fibroids and a right knee disability. The decision found no nexus between the Veteran's current condition and her service.

The Board found that the appellant is not a child of the Veteran and thus, is not entitled to VA benefits on account of his service.

The Board has found that the appellant had no honorable period of service and therefore is not entitled to payment of VA benefits. The case is REMANDED for further development, including obtaining records from the Army Discharge Review Board regarding attempts to upgrade his other than honorable discharge.

The claim to reopen the service connection for cause of death due to leukemia was denied as new and material evidence did not show that the disease was related to service.