Other conditions decisions — 2009

The Board has determined that the appellant's skin rash with athlete's foot is at least as likely as not related to service, and thus grants service connection for this condition.

The Veteran's service-connected right ankle disability is currently rated at 20 percent, and the Board finds that it does not meet the criteria for a higher rating.

The Board found that the Veteran's prostatitis was not incurred in or aggravated during service and denied his claim.

The VA examiners found no relationship between the Veteran's service-connected left hydrocele and his bilateral varicose veins or hernias.,There is no evidence of a pre-existing condition noted at entry into service, and there is no indication that the Veteran's varicose veins worsened during service.

The Board denied the Veteran's claim for service connection for a dental disability, finding that his teeth were not removed due to trauma or disease such as osteomyelitis. The Board also determined that he did not meet eligibility criteria for outpatient treatment under any of the provisions in effect during the appeal period.

The Veteran's death was not caused by VA medical treatment, and there is no evidence of negligence or fault in the care provided. The high grade brain glioma developed over time and was not a result of VA treatment.

The Board found that the macular pucker/epiretinal membrane of the left eye was not incurred in or aggravated by service and is not related to any service-connected disability. Therefore, the Veteran's claim for service connection for this condition was denied.

The Veteran's service-connected aortic insufficiency, mitral stenosis and recurrent atrial fibrillation are not shown to meet the criteria for a higher rating than 30 percent.

The Veteran's appeal for increased ratings for his cold injury residuals was dismissed due to the death of the appellant before the October 2007 Board decision.

The Board denied the Veteran's claim for service connection for ankylosing spondylitis, finding that it was not incurred in or aggravated by active service and could not be presumed to have been so incurred.

The Board has determined that an examination is necessary to determine the nature and etiology of any current left hand condition, including whether it is related to service. The Veteran's claim for service connection will be remanded for further development.

The Veteran's bilateral feet hallux valgus disability has been granted a 10 percent evaluation. The claim for an increased evaluation is denied except for the period from May 1, 2006 to April 30, 2006 when he was awarded a 20 percent evaluation.

The Veteran's Raynaud's syndrome is rated at 40 percent, effective from the date of the decision. The Veteran's keratosis pilaris remains at a 10 percent rating.

The Board denied the Veteran's claims for service connection for atypical chest pains, entitlement to an initial compensable rating for tension headaches, and entitlement to an increased rating for mechanical low back pain with degenerative joint disease (DJD). The reasons were that there was no objective evidence of any respiratory or cardiovascular disability attributable to service. For the low back condition, the Board found that the Veteran's current symptoms did not meet the criteria for a 10 percent or higher rating prior to October 18, 2007 and a 20 percent or higher rating from October 18, 2007.

The Veteran is seeking an increased rating for his service-connected residuals of a shell fragment wound of the right leg, Muscle Group XI, with retained foreign bodies. The Board has decided to remand the case for further development and examination.

The VA determined that the appellant could not be recognized as the surviving spouse of the Veteran for purposes of establishing entitlement to death benefits due to a lack of continuous cohabitation from the date of their marriage until his death.

The Board has decided that the Veteran's appeal should be remanded for a videoconference hearing before a Member of the Board. The issues include increased ratings and service connection.

The Veteran's appeal is remanded for a VA examination to determine if he has brain damage related to his military service, including measles virus, cellulitis, or encephalitis of the brain. The case will be re-adjudicated after this examination.

The Veteran's TMJ disability was initially rated at 0 percent from September 1, 2005 to August 27, 2008 and increased to 30 percent thereafter. The Board finds the evidence is in equipoise as to whether a higher evaluation is warranted for both periods.

The appellant's annual income exceeds the maximum annual income for death pension benefits for a surviving spouse without children, so she is not eligible for these benefits.