Other conditions decisions — 2009

The Board has granted service connection for a low back disability and denied service connection for post-traumatic stress disorder (PTSD). The low back disability is found to have been incurred in service, while the PTSD claim fails due to lack of a current diagnosis.

The Veteran's chronic lymphocytic leukemia was not incurred due to ionizing radiation exposure in service.

The Veteran's pleural plaque is at least as likely as not related to his asbestos exposure during active duty.

The Board has determined that the Veteran's mesothelioma, which caused his death in 1992, is related to asbestos exposure during service. As a result, the cause of death is now considered service-connected.

The Board found that the appellant's peptic ulcer was not caused by VA carelessness, negligence, or error in judgment. The event was considered foreseeable due to his age and use of NSAIDs.

The Board denied a higher rating for schizoaffective disorder in February 2003. The Veteran was hospitalized from August 27, 2003 to November 1, 2003 due to suicidal and homicidal threats. A 100% disability rating was assigned effective August 27, 2003.

The Board has determined that the Veteran's right foot hallux valgus disability warrants a 10% rating effective from February 23, 2009.

The Veteran's service-connected left ankle disability, characterized by osteochondritis dissecans of the left talus with degenerative joint disease, was found to warrant a 20 percent rating effective June 1, 2004.

The Board has remanded the case due to inconclusive evidence regarding the Veteran's current level of dysthymia symptomatology and its impact on his employment. The RO must schedule a VA examination, obtain relevant private treatment records, and readjudicate the claim.

The Board has determined that the Veteran's gastritis did not have its onset during active service or result from disease or injury in service, and therefore denied his claim for service connection.

The Board has determined that the appellant's service-connected residuals of a left-sided complex pelvic fracture warrant a 20 percent rating, reflecting moderate hip disability. The claim for an increased rating for his residuals of a left talar dome fracture is denied.

The Board has remanded the case due to incomplete development and requires additional notice before a decision can be made.

The Veteran's appeal is being remanded due to the need for additional development, including obtaining x-ray results from a previous VA examination.

The Board found that the Veteran's current varicose veins are not related to his service or any service-connected disability, and thus denied the claim for service connection.

The Veteran's L1 vertebral fracture is currently rated at 30 percent, and the Board found that it does not warrant a higher rating based on current criteria.

The Board has determined that the appellant's September 2004 request for a waiver was timely, and thus grants his claim.

The Board finds that the Veteran's income is below the maximum annual pension rate for a Veteran with a dependent spouse, and thus he is legally entitled to nonservice-connected pension benefits during the 12-month period from August 2005 to September 2006.

The Veteran's claim for service connection for a bilateral hip disorder is being remanded due to the need for additional medical examination.

The Veteran's claims for service connection for eye disability, head tremors, and bilateral restless leg syndrome have been denied as there is no competent medical evidence linking these conditions to his active service or a service-connected condition.

The Veteran's nasal congestion and left ear pain were present before the VA surgical treatment in April 2004. The Board found no additional disability related to the surgery.