Other conditions decisions — 2009

The Board has determined that there is no evidence to support a finding of service connection for the Veteran's lung disability, and thus denied the claim.

The Veteran's panic disorder with depressive features has been productive of occupational and social impairment since October 29, 2004. The disability picture does not meet the criteria for a higher rating than 70 percent.

The Veteran's recurrent skin condition, when active, was manifested by scattered hyperpigmented papules and white pustules on his chest and back extending to his upper extremities. The RO denied an increased rating for the Veteran's recurrent skin condition.

The Veteran's claim for service connection for respiratory disability, including as due to asbestos exposure, is being remanded for further development and opinion.

The Veteran's gastrointestinal disorder, characterized by abdominal pain, nausea, vomiting, and bloating, more closely approximates symptoms of diarrhea or alternating diarrhea and constipation with more or less constant abdominal distress. The Board has granted a 30 percent disability rating for the Veteran's gastrointestinal disorder.

The Board has granted increased ratings of 10 percent for the service-connected right knee disability based on limitation of flexion and a 20 percent rating for the service-connected right knee disability based on limitation of extension. The Veteran is also granted separate ratings of 10 percent for the service-connected left knee disability based on limitation of flexion, with an increased rating to 30 percent for limitation of extension.

The Board denied service connection for residuals, cold injury, hands and feet as there was no evidence of a current disability or link to service. Service connection for foot fungus was also denied due to lack of evidence linking it to the claimed residuals, cold injury, hands and feet.

The Veteran's death from squamous cell carcinoma of the head and neck was awarded DIC benefits effective August 19, 2003. The appellant is seeking an earlier effective date based on Agent Orange exposure.

The Board finds that service connection for bruxism is warranted as it was caused by the Veteran's service-connected PTSD.

The Board has determined that the Veteran's current bilateral foot disorder, including hallux limitus and degenerative joint disease of the great toe, is related to his active duty service. As such, the claim for service connection is granted.

The Veteran's claim for nonservice-connected disability pension benefits is denied as he did not serve on active duty during a period of war.

The Board has granted DIC benefits effective July 17, 2006, but denied a request for an earlier effective date.

The Veteran's claim for an effective date earlier than January 1, 2007 for additional allowance for dependents is denied as the necessary information to establish dependency was not received within one year of notification of his November 1994 rating action.

The Board has remanded the case due to a failure to provide proper VCAA notice, and will be reviewed for any additional evidence before making a decision.

The Veteran's appeal is being remanded due to the need for a Travel Board hearing. The primary issue remains secondary service connection for his bilateral hip and thigh disorder, which he claims is related to his already service-connected pes planus.

The Veteran does not currently suffer from a left hip disability (also claimed as left leg injury, bruise, and numbness) or any disease related to asbestos exposure. The Board finds that the evidence does not support service connection for these conditions.

The Veteran's hyper-reactive airways, claimed as burning lungs in cold air, were not incurred during service and is not attributable to service. The Board denied the claim for service connection. For the TDIU issue, the Veteran was unable to secure or follow a substantially gainful occupation due to his service-connected disability.

The Veteran's service-connected prostatitis is manifested by urine leakage/incontinence requiring the use of an appliance or the wearing of absorbent materials which must be changed more than 4 times per day, warranting a 60 percent rating.

The Veteran's left true vocal cord paralysis with apparent neuroma formation is currently rated at 30 percent, but the Board has determined that a higher rating of 60 percent is warranted based on his symptoms and medical evidence.

The Board denied the Veteran's claim to reopen his service connection for right and left hip disabilities, each status post total arthroplasty due to lack of new and material evidence.