Other conditions decisions — 2009

The Veteran's income exceeds the maximum rate of pension payable for a Veteran with one dependent, thus his claim for nonservice-connected pension benefits is denied.

The Veteran's onychomycosis is rated at 60 percent disabling, the maximum available under DC 7806. The condition affects more than 40 percent of his exposed areas and requires constant or near-constant systemic therapy such as corticosteroids or other immunosuppressive drugs during the past 12-month period.

The evidence received since the February 1999 rating decision is new and material, raising a reasonable possibility of substantiating the claim for service connection for PTSD. The Veteran's treating social worker from the Bronx Veterans Center indicated that her military records do contain indicators of military sexual trauma.

The Veteran's appeal is remanded due to the need for a current VA examination and consideration of her claim for an increased rating for right foot stress fracture residuals.

The Board denied the Veteran's claims for increased ratings for his bilateral hand and low back disabilities, finding that the evidence did not meet the criteria for a higher rating under the applicable diagnostic codes.

The Board finds that the Veteran's squamous and basal cell carcinomas are not attributable to service, nor were they caused or aggravated by a service-connected disorder. The claim is denied.

The Veteran's claim for a compensable rating for residuals of a fracture to the right second metatarsal was denied. The claims for service connection for back disability, bilateral hearing loss, and diabetes mellitus were also denied.

The Veteran's bilateral callosities are manifested by objective evidence of chronic calluses and subjective complaints of pain, warranting a 20 percent rating. The maximum allowable rating under the amputation rule is also 20 percent.

The Veteran died from injuries sustained in a motorcycle accident while on active duty. The RO found that the death was not incurred in the line of duty due to willful misconduct and alcohol abuse. The appellant argues for service connection based on her claim that the Veteran's death was caused by his psychiatric disorder, which she claims is related to service.

The Veteran's appeal has been withdrawn by the appellant, and thus the case is dismissed.

The Veteran's appeal is being remanded to schedule a hearing at the RO due to his request for one.

The Board found no evidence of a current left eye disability and concluded that the appellant's symptoms are related to his refractive error, which is not service-connected.

The Veteran's stomach cancer or gastric carcinoma was not incurred in service and may not be presumed based on exposure to Agent Orange. The Board denied the claim for service connection.

The Board has determined that the cause of the Veteran's death was not related to his active military service or a service-connected disability, and thus denied the claim for service connection for the cause of the Veteran's death.

The Veteran's cause of death was determined to be due to acute myelogenous leukemia, which the Board found not service-connected as it did not meet the criteria for presumptive service connection based on herbicide exposure. The claim was denied.

The Board has remanded the case due to inadequate examination and further review is needed.

The Board found that the appellant did not have qualifying service and thus is not eligible for nonservice-connected pension benefits.

The appellant is denied recognition as the Veteran's surviving spouse for VA death benefits because she was divorced at the time of the Veteran's death in December 2006.

The Veteran's medical expenses for treatment from July 26, 2006 to July 27, 2006 are approved as they met the criteria for reimbursement under VA regulations.

The Board has granted a 30 percent rating for the Veteran's service-connected ulcerative colitis with gastroenteritis anemia, finding that there are significant occupational effects resulting from the condition.