Other conditions decisions — 2009

The Board found that the appellant's bilateral arterial occlusive disease of the legs was not present during service or for many years thereafter and is not related to his active service. The claim for increased ratings for left eye disability, including macular scar, will be remanded due to lack of recent medical examination.

The Veteran's appeals for increased evaluations have been withdrawn.

The Board has determined that additional development is needed to properly adjudicate the Veteran's claim for service connection for the cause of his death. This includes obtaining medical records, providing proper VCAA notice, and obtaining a VA opinion regarding the relationship between the Veteran's gastrointestinal problems during service and his cause of death.

The Board found that the Veteran's cognitive impairments are not related to an in-service head injury and denied his claim for service connection.

The Board has granted service connection for a bilateral foot disorder, hip disorder, and bilateral leg disorder based on the Veteran's in-service stress fractures.

The Veteran's appeal has been withdrawn by the appellant, and hence there are no issues for appellate review.

The Board dismissed the appeal because the appellant died during the pendency of the appeal.

The Veteran's claim for an increased evaluation of his service-connected bilateral defective hearing was granted, with a 90 percent evaluation effective from April 28, 2008.

The Veteran's initial claim for a higher rating for his Dupuytren's contracture of the right hand was denied by the Board. The condition resulted in ankylosis of the middle, ring, and little fingers on his minor hand, which warranted a 20 percent disability rating under Diagnostic Code 5222.

The Veteran's pension benefits were withheld from December 27, 2001 to August 2, 2004 due to being a fugitive felon. The Board has ordered the RO to determine if the overpayment was properly created and recalculate the amount of indebtedness.

The Veteran's left elbow septic arthritis does not meet the criteria for a higher evaluation than 10 percent, as there is no evidence of flexion limited to 90 degrees or less.

The Veteran's claim for service connection for a left foot disorder was denied as there is no evidence of a current disability related to his period of active service.

The Board finds that the Veteran's chondromalacia patella of the left knee is related to his service, and grants service connection for this condition.

The Board has remanded the case due to incomplete drug history and need for additional medical opinions regarding the relationship between osteoporosis and medications used during service or for a service-connected condition.

The Board has granted a temporary total rating for convalescence from November 1, 1997, through March 31, 1998. The claim for an extraschedular evaluation is remanded to the VA Central Office for consideration.

The Veteran's service-connected Hodgkin's disease was manifested by generalized muscle weakness during the period from January 20, 1995 to October 22, 1995. The Veteran's muscular dystrophy with mild limitation of motion of the neck and weakness of both upper extremities were initially manifested as residual conditions of Hodgkin's disease. For the period on and after August 29, 2005, the Veteran's left upper extremity weakness was severe in nature.

The Board found that the veteran's genitourinary disorder, claimed as sterility and infertility, is not related to his military service. The claim was denied.

The Veteran's psychogenic musculoskeletal reaction is manifested by total social and occupational impairment, warranting a 100% disability rating.

The Veteran's claim for an effective date earlier than December 15, 2000 for the grant of service connection for incapacitating polyarthralgias was denied. The Board found that the July 1982 rating decision denying service connection was not clearly and unmistakably erroneous.

The Veteran's death was not service-connected, but the appellant is in receipt of Total Disability due to Individual Unemployability (TDIU) based on his service-connected disabilities. The effective date for TDIU was earlier than what would be required under VA law for DIC benefits under 38 U.S.C.A. § 1318.