Other conditions decisions — 2009

The VA determined that the lacerations on the Veteran's right lower arm, nose, and left forehead were not incurred in or aggravated by his military service.

The Board has remanded the case due to missing records of treatment provided at Orlando Regional Healthcare System and a need for clarification on whether VA facilities were feasibly available.

The Board has remanded the Veteran's claims for increased evaluations for organic brain syndrome and postoperative residuals of an incisional hernia due to incomplete development of records.

The Veteran's hypertensive cardiomyopathy causes fatigue and requires continuous medication for control, but does not result in a workload of greater than 5 METs but not greater than 7 METs resulting in dyspnea, fatigue, angina, dizziness, or syncope. There is no evidence of cardiac hypertrophy or dilatation on electrocardiogram, echocardiogram, or X-ray.

The Veteran's left thumb disability is currently rated at 20 percent, effective August 26, 2002. The Board found that the criteria for an increased rating prior to this date were not met.

The Board denied service connection for a skin disorder and left arm and elbow disability, finding no new and material evidence to reopen the claims. The claim for PTSD was also denied as there is no credible medical evidence of a diagnosis or symptoms associated with PTSD.

The Veteran's death was not caused by any service-connected condition, and the preponderance of evidence does not support a finding that his service-connected conditions contributed to his death.

The Board determined that the Veteran's rights to VA pension benefits were forfeited under a specific statute. The case was dismissed due to the Veteran's death.

The Board has ordered additional development of the Veteran's medical records from the Veterans Memorial Medical Center in Quezon City. The claim for service connection for the cause of death remains pending and will be reconsidered after this development is completed.

The Veteran's service-connected right ulnar nerve disorder does not constitute the loss or permanent loss of use of his right hand, and therefore, he is denied entitlement to special monthly compensation under 38 U.S.C.A. ¶ 1114(k).

The Board has denied the reopening of a claim for service connection for a left hip disorder, to include as secondary to residuals of a great toe fracture. The evidence submitted does not relate to an unestablished fact necessary to substantiate this claim.

The Board found new and material evidence for the secondary service connection claim, but denied it on other grounds.

The Veteran's service-connected right and left tibialis muscle strains have not resulted in any functional impairment or limitation of motion that would warrant a higher initial rating.

The Veteran's neck shell fragment wound residuals with partial aphonia have been rated as 30 percent disabling, the highest available rating under the applicable diagnostic code.

The Board found that the cause of the Veteran's death was not due to service-connected disabilities and denied the claim for service connection for the cause of death.

The Veteran's right elbow arthritis is currently rated at 20 percent, and the Board finds that a higher rating is not warranted based on the evidence of record.

The Veteran's request for a Board hearing has been granted, and the RO is instructed to schedule a video conference hearing in accordance with his August 2007 request. The claims file should be returned to the Board after the hearing.

The VA determined that the Veteran's current disability of dizziness, lightheadedness, and blurred vision was not caused by carelessness or negligence during VA hospital treatment in 2003.

The Board has determined that the effective date for the award of service connection for the cause of death is July 1, 2004, as this falls on the first day of the month in which the Veteran died.

The Board denied service connection for relaxation of the arches of both feet, finding that a preexisting condition existed prior to service and was not aggravated by service.