Other conditions decisions — 2009

The Veteran's appeal is being remanded for a hearing before the Board at her local RO.

The Board has determined that the Veteran's gastrointestinal disorder, to include ulcers, was not incurred or aggravated by service and may not be presumed to have been incurred therein. The claim for secondary service connection is denied.

The Board found that the Veteran's right hemicolectomy was not related to his service-connected gastrointestinal conditions and denied his claim for service connection.

The Board has determined that the Veteran's left fifth metatarsal fracture does not meet or approximate the criteria for a compensable rating under VA's schedular guidelines.

The Board has remanded the case to the RO for a DRO hearing and to issue a supplemental statement of the case if necessary.

The Veteran's claim for an earlier effective date for service connection of a right elbow disability was denied as the earliest date on which service connection can be granted is May 21, 2002.

The Board has determined that the Veteran's claimed disabilities, including residuals of a back injury, hematuria, bilateral knee disorder, head trauma, tinnitus, and headaches, were not incurred or aggravated by active service. The evidence does not support a finding of direct service connection for these conditions.

The Board found that the Veteran's current foot pain is not related to his in-service injury and instead attributed it to longstanding mycotic nails. As a result, the claim for service connection was denied.

The Veteran withdrew his appeal for compensation under 38 U.S.C.A. § 1151 for residuals, toe amputations, bilateral.

The Board found that the evidence did not support a finding of defective hearing or tinnitus as being incurred in service, and thus denied both claims.

The Veteran's initial compensable disability ratings for onychomycosis of the feet and fungus of the fingernails are being remanded due to a lack of recent VA examination, which may affect the current severity assessment.

The Veteran's claim for an initial compensable rating prior to February 12, 2008, and a higher evaluation thereafter for residuals of a fracture to the left index finger was granted. The current effective date is pending as the RO has not provided one.

The Veteran's claims for increased ratings were granted, with a 10 percent rating assigned for diarrhea and constipation due to an undiagnosed illness and no compensable rating assigned for dermatitis.

The Board found no evidence that the Veteran was exposed to herbicides during service, and thus could not grant service connection for any of his claimed conditions on a presumptive basis. The Board also determined that there is insufficient evidence to establish service connection for any of these conditions based on direct or secondary service connection.

The Veteran's appeal is being remanded due to her desire for a hearing before the Board of Veterans' Appeals.

The Board has determined that the appellant is not the Veteran's surviving spouse for DIC benefits purposes, as she was legally divorced from the Veteran in May 1984 and did not live with him continuously after their divorce. Therefore, her claim to DIC benefits is denied.

The Board denied the veteran's claim for basic eligibility for VA non-service-connected pension benefits due to a lack of qualifying service, despite his status as a U.S. citizen and receipt of compensation under another program.

The Veteran's death was caused by esophageal cancer, which is service-connected due to herbicide exposure in Vietnam. The appeal for DIC under the provisions of 38 U.S.C.A. § 1318 is dismissed as moot.

The Board has determined that the Veteran's myelodysplastic syndrome is presumed to have been incurred in service due to his exposure to herbicides, specifically Agent Orange. The claim for peripheral neuropathy was granted with a 10 percent disability rating.

The Board has determined that the Veteran's service-connected diabetes mellitus aggravates his hypertension and congestive heart failure, warranting service connection for these conditions.