Other conditions decisions — 2009

The Board has determined that the Veteran's cause of death, ALS, is a presumptive disease for any veteran who develops it at any time after separation from service under the provisions of 38 C.F.R. § 3.318.

The VA determined that the veteran's postoperative residuals of right medial collateral ligament tear do not warrant an increased evaluation beyond the current 10 percent rating.

The Veteran was granted an initial evaluation of 60 percent for dermatographism with urticaria effective from August 30, 2002.,Prior to this date, the Veteran's condition was rated at 10 percent.

The Board found that the Veteran does not have a current back disability that was incurred in or as a consequence of active service, nor can arthritis be presumed to have been incurred during service. The claim for service connection for a back injury is denied.

The Board found that the Veteran's stomach disorder was not incurred in or aggravated by service and is unrelated to his service. The claim for service connection was denied.

The Board has granted service connection for DJD of the feet as secondary to pes planus with metatarsalgia and hallux valgus, based on the RO's concession that the Veteran's DJD was caused by his service-connected pes planus.

The Board has determined that a VA examination is necessary to determine the current existence and etiology of the Veteran's claimed Reiter's syndrome. The Veteran's claim for service connection will be remanded for further development.

The Veteran's claims for residuals of a head injury, residuals of a fractured nose, and right leg disability have been denied as there is no competent medical evidence showing current disabilities.

The Board finds that the preponderance of evidence is against the Veteran's claims for service connection for a left thumb sprain and varicose veins, as there is no current disability found. The Veteran did not have a chronic condition during or after service.

The Board denied the Veteran's claims for service connection for various conditions, finding that there was no current evidence of these conditions and that they were not related to his active duty service.

The Veteran's claim for a higher initial rating for his service-connected facet syndrome with myofascial back pain was granted, and he is currently rated at 10 percent. The claim for an extraschedular rating remains pending.

The Board has reopened the Veteran's previously denied claim of service connection for splenomegaly due to new and material evidence. The Board also finds that the Veteran's current treatment for splenomegaly is at least as likely as not related to his in-service treatment, thus granting service connection.

The Veteran's OPCA was not related to his service, including herbicide exposure. The Board found no relationship between the Veteran's OPCA and his service.

The Board has denied the Veteran's claim for service connection as there is no current diagnosis of a bilateral lower leg disability due to cold weather exposure. The Veteran does not meet the criteria for direct service connection.

The Veteran's right and left hand strain are found to be related to service, resulting in a grant of service connection for both conditions.

The Veteran's appeal has been dismissed due to his death.

The Board denied a request for an effective date prior to July 11, 2004, for the award of increased ratings for service-connected cold weather injuries of the feet. The Veteran's claim was considered abandoned in 1980 when he did not respond to VA requests and failed to pursue his claim further.

The appellant's eligibility for DIC benefits is being remanded due to her request for a Travel Board hearing.

The Board has determined that the Veteran does not have a current disability of cold injury residuals of the bilateral hands and therefore, service connection cannot be granted.

The Board has denied the Veteran's claims for service connection for a right leg disorder, to include as secondary to his service-connected right thigh disability. The Veteran is also denied increased ratings for his right thigh scar and right thigh disability.