Other conditions decisions — 2009

The appellant's representative withdrew the appeal as to the issues of death pension benefits and accrued benefits at a hearing. The case is REMANDED for further development.

The Veteran withdrew his claim for service connection for a bilateral elbow disorder before the Board could make a decision.

The Board has dismissed the appeal as the appellant withdrew her appeal.

The Board has determined that further development of the record is necessary due to the Veteran's claims for service connection for chronic disabilities of the left foot and toes. The case is REMANDED for an appropriate VA examination.

The Veteran's service-connected chronic epididymitis with resultant low testosterone level and atrophy of right testicle with left spermatocele and possible hydrocele of the cord above the left testicle does not meet the criteria for a compensable rating.

The Board found that the Veteran's claim for an earlier effective date for non-service-connected pension was denied because there was no evidence showing he was incapacitated prior to March 14, 2005. The Veteran argued his incapacity due to medical complications prevented him from filing a claim, but the Board did not find this credible given the lack of supporting medical records.

The Veteran's claim for service connection for a respiratory disorder, including as due to exposure to herbicidal agents, is being remanded for further development and an examination.

The Veteran's claim for service connection for the residuals of cold weather injuries to his feet and fingers is being remanded due to a lack of medical records from his military service. The Board requests that he provide any relevant medical evidence, clarifies if he has received VA treatment, and schedules him for a VA examination to determine whether he has a current disability related to cold exposure during service.

The Board denied the Veteran's claim of service connection for a respiratory disorder, finding that new and material evidence had not been submitted to reopen his claim. The Board also found that the preponderance of the evidence did not support a grant of service connection due to lack of a diagnosis of asbestosis or other asbestos-related condition.

The Board found no evidence to support the Veteran's claim of a colon disability being related to his service-connected gunshot wound, and denied the claim.

The Board has dismissed the appellant's appeal of the January 2007 rating decision regarding his claim for a total disability rating based on individual unemployability (TDIU) because the September 2006 submission was not considered as a new claim, but rather as evidence in the pending October 1996 claim. As such, there is no valid appeal to review.

The Board found that the Veteran does not have left hip arthritis attributable to his active military service and that it is not proximately due to or aggravated by a service-connected disability. Therefore, the claim for service connection for left hip arthritis was denied.

The Veteran's service-connected residuals of frozen feet have not met the criteria for a higher rating before or after August 1, 2008.

The Board denied the Veteran's motion to reverse a rating decision from April 1957 that reduced his disability rating for left tibia and fibula fracture residuals to noncompensable, finding no clear and unmistakable error.

The Board has denied the Veteran's claim for service connection as there is no competent medical evidence linking her current residuals of a left ring finger fracture to her period of active service.

The Veteran did not have a claim for chronic lymphocytic leukemia pending at the time of his death, and no accrued benefits are payable.

The Veteran's cardiomyopathy is likely caused by his service-connected otitis media, and the Board finds in favor of granting service connection on a secondary basis.

The Veteran's duodenal ulcer disease is not moderately severe, with impairment of health manifested by anemia and weight loss; or recurrent incapacitating episodes averaging 10 days or more in duration at least four or more times a year. Therefore, the claim for an increased evaluation beyond 20 percent is denied.

The Board found that the Veteran's left foot disorder did not start in service and is not related to her service. The small dorsal spur found during service does not appear to be causally related to any current left foot disorders.

The Veteran's claim for service connection for trench mouth with resultant loss of all teeth is denied as a matter of law due to the nature of the disability and its inability to be compensated.