Other conditions decisions — 2009

The Board denied the appellant's claim for a temporary total evaluation (TTE) based on surgery performed for right ear cartilage graft tympanoplasty, finding that it did not necessitate at least one month of convalescence.

The Veteran's claims for increased evaluations and TDIU were granted. The Veteran is currently rated at 20% for residuals of fractured right femur with malunion and knee disability, and 10% for residuals of fractured right tibia and fibula with ankle disability.

The Veteran's atypical stable angina has been rated as 10% since October 22, 2003 and as 30% from May 24, 2007. The Board found that the evidence did not meet the criteria for a higher rating under Diagnostic Code 7005.

The Board has remanded the case due to failure to obtain a VA psychiatric examination and to obtain the Veteran's service personnel records.

The Veteran's service-connected paravertebral myositis does not meet the criteria for a rating in excess of 20 percent.

The Veteran's death was not related to his service-connected disabilities or active service. The claim for DIC benefits under 38 U.S.C.A. § 1318 is denied as the Veteran did not receive a 100% rating for over 10 years prior to his death.

The Board has remanded the case for further development and review.

The Board has determined that the Veteran's fibrocystic disease was not present in service and is not etiologically related to service. Therefore, the claim for service connection for fibrocystic disease is denied.

The Board denied increased ratings for shell fragment wounds of the left thigh and fifth metatarsal, as well as separate compensable ratings for scars associated with these conditions.

The Board denied the appellant's eligibility for VA death benefits because her late husband did not have service as a member of the Philippine Commonwealth Army, including recognized guerrillas, in the Armed Forces of the United States.

The Board found that the Veteran does not have any disability of the knee or ankle, including shin splints. Therefore, she is not entitled to an initial compensable disability rating for bilateral shin splints.

The Board denied service connection for the cause of the Veteran's death due to esophageal cancer, finding that there was no evidence linking it to his military service or exposure to herbicides.

The Board has remanded the case for further development, including providing proper VCAA notice regarding service connection and outpatient dental treatment eligibility.

The Board has remanded the case for further development due to uncertainty regarding the nature and etiology of any ulcers present, requiring a clarifying medical opinion.

The Board found that the Veteran's bilateral hip disorder was not incurred in or aggravated by service and is not proximately due to his service-connected right leg disability. As a result, the claim for service connection was denied.

The Veteran's post-operative callus of the left foot is rated as noncompensable under the current criteria for rating scars. The medical evidence does not indicate that the left foot callus is manifested by any deep, unstable, or painful scar, or a scar which causes limitation of motion.

The Board denied the Veteran's claim for service connection for a skin disorder of the legs, finding that there was no evidence of a current diagnosis or relationship to his service. The Board also noted that the presumed exposure to herbicides did not apply due to lack of chloracne or other acneform disease consistent with chloracne.

The VA denied a rating in excess of 30 percent for the veteran's bronchiectasis, finding that his symptoms do not warrant such an increase.

The Veteran has withdrawn his appeals regarding the effective dates for service connection and compensation for retroperitoneal fibrosis, as well as the increased ratings for the back disability.

The Veteran's claim for eligibility for NSC pension benefits is denied as he did not serve during a period of war and thus does not meet the basic eligibility requirements.