Other conditions decisions — 2009

The Veteran's service connection claims for residuals of a left eye injury and residuals of a left ear injury have been denied as there is no competent evidence linking current disabilities to his military service.

The Board has ordered additional development to obtain records related to the Veteran's treatment for muscular dystrophy, including from Mathers Air Force Base and Dr. D.

The Board has granted a 60 percent disability rating for the duodenal ulcer beginning April 2006, and denied an increased rating prior to that date.

The Veteran's claim for an increased rating for his service-connected chronic gastritis was denied as the evidence did not show severe hemorrhages or large ulcerated areas, which would warrant a higher rating.

The Board denied the Veteran's claims for service connection for a lung disability and onychomycosis, finding no evidence of asbestos exposure or a current diagnosis linking these conditions to service.

The Board has determined that the appellant's deceased spouse did not have qualifying service as a Veteran, and therefore is not eligible for VA benefits.

The Board found that the appellant's corpus of estate, or net worth, is excessive for receiving death pension benefits due to her substantial bank assets and high monthly income.

The Board found that the reduction of disability compensation to half of the 10 percent rate due to incarceration was proper based on applicable law and procedures.

The Board has remanded the case for further development and review, including a VA examination to address the etiology of the Veteran's infertility and bilateral testicle atrophy.

The Veteran's residuals of cataract surgery, including floaters, blurred vision, and retained lens fragment are not considered a qualifying additional disability due to VA carelessness or negligence.

The Veteran withdrew his appeal regarding the claim for service connection for residuals of a chest concussion.

The Board found that the Veteran's right orbit and maxillary sinus carcinoma is not attributable to military service or caused by his service-connected otitis media, thus denying his claim for service connection.

The Board has decided that the appellant's discharge from service is not honorable, which constitutes a bar to certain VA benefits. The case is being remanded for further action.

The Board has granted the appellant's claim for recognition as the Veteran's surviving spouse for purposes of establishing eligibility for Dependency and Indemnity Compensation (DIC) benefits.

The appellant died during the appeal process, and as a result, the Board has no jurisdiction to adjudicate the merits of her claim.

The Veteran's claim for a rating in excess of 10 percent for residuals of a shell fragment wound (SFW) of the right thigh with involvement of muscle group XIII and retained foreign bodies, as well as a separate compensable evaluation for scars of the right thigh, was denied. The criteria for these claims were not met.

The Board has determined that the Veteran's current right knee disability, including a degenerative tear of the medial meniscus and arthritis, is related to his active military service. As such, the claim for service connection for residuals of a right knee injury is granted.

The Board denied the Veteran's claims for service connection for fallen arches with sores on both feet, residuals of frostbite of the fingers of the right hand with poor circulation, and residuals of frostbite of the fingers of the left hand with poor circulation. The decision found that pre-existing conditions did not worsen during service.

The VA denied the claim for service connection for the Veteran's cause of death, concluding that his cancer was not caused by in-service malaria or amebic abscess.

The Veteran's claim for compensation under 38 U.S.C.A. § 1151 is denied because the cataract surgery performed on his left eye was not provided by a VA facility or employee, and therefore does not meet the requirements of the statute.