Other conditions decisions — 2009

The Board has remanded the case for further development and to provide proper VCAA notice, including regarding disability ratings and effective dates.

The Veteran's varicose veins of the left thigh and leg are not manifest by persistent edema, stasis pigmentation or eczema with or without intermittent ulceration. Therefore, he is not entitled to a disability rating in excess of 20 percent.

The Veteran's claims for increased ratings have been granted, with a rating of 10 percent assigned for the left arm scar and upper lip scar.

The Board has remanded the case for further development to resolve inconsistencies in the record regarding the issuance of a PMC and to determine if the appellant's husband was honorably discharged.

The Board has determined that the Veteran does not have a current disability related to the injuries he suffered in service, and therefore, service connection for residuals of a facial injury is denied.

The Board has granted service connection for the Veteran's right index finger disability, finding that it began during service and is related to his military service. The Veteran also received increased ratings for his trigger fingers.

The Veteran's additional disabilities, including chest wall pain, tremors of the upper extremities, and muscular or neurological damage to the upper extremities, were not caused by VA fault in providing surgical treatment. The events were considered ordinary risks of the surgery.

The Board has determined that the Veteran's current neck condition is not related to service and therefore denied his claim for service connection.

The Board has dismissed the appeal due to withdrawal by the appellant.

The Board denied the claim for service connection for the cause of the Veteran's death, finding that the anaplastic astrocytoma was not incurred in or aggravated by active service and is unrelated to exposure to Agent Orange.

The Veteran's service-connected degenerative joint disease of the right elbow is currently rated at 10 percent, and the Board has determined that this rating is appropriate based on the evidence showing no ankylosis or significant limitation of motion.

The Veteran's service-connected right leg varicose veins are not manifested by persistent ulceration or massive board-like edema, and thus do not warrant a higher rating.

The Board has dismissed the appeal due to the appellant's withdrawal of the appeal.

The Veteran's claim for service connection for retained shell fragments of the right hip is being remanded due to incomplete records and inadequate examination. The VA will seek additional medical records and schedule a new VA examination.

The Veteran's private physician opines that the May 1997 right eye surgeries caused his vision loss, and the Board finds this matter should be remanded for an examination to determine if the visual loss was proximately caused by the surgeries.

The Veteran's right elbow disability, including his degenerative joint disease (DJD), was incurred during active service. The Board found that the Veteran had a history of right elbow pain and treatment while on active duty, which led to a diagnosis of lateral epicondylitis. His current DJD is presumed to have been incurred within one year of separation from service.

The Board found that there was no additional disability resulting from VA treatment for the Veteran's second toe conditions, and thus denied his claims under 38 U.S.C.A. § 1151.

The Board denied eligibility for CHAMPVA benefits for the Veteran's surviving spouse due to the Veteran's service not qualifying under the provisions of 38 U.S.C.A. § 107(a).

The Board denied the Veteran's claim for service connection for stomach ulcers, finding no current disability and insufficient evidence to link any past or present condition to his military service.

The Board denied the appellant's claim of basic eligibility for nonservice-connected disability pension, finding no new and material evidence to reopen his case.