Other conditions decisions — 2009

The Veteran's claims for increased ratings were denied as his residuals of gunshot wounds to the left calf and thigh do not meet the criteria for a higher evaluation under the applicable diagnostic codes.

The Veteran's narcolepsy is manifested by excessive daytime sleepiness, chronic fatigue, subjective headaches, and narcoleptic spells averaging no more than 1 to 3 times per week. The Board finds that the evidence does not support a rating in excess of 20 percent.

The Veteran's levoscoliosis and spondylolysis at L5 are found to be the result of disease or injury incurred in service.

The Board of Veterans' Appeals has determined that the Veteran's facial neuralgia and/or motor tics with possible Tourette's syndrome is not related to his active duty service.

The Board granted service connection for residuals of an acute myocardial infarction, finding that the Veteran experienced a myocardial infarction during his April 2002 period of INACDUTRA and resolving any doubt in favor of the Veteran.

The Board found that the Veteran's claimed residuals of cellulitis were not incurred in or aggravated by active service, and denied his claim.

The Veteran died of bronchogenic carcinoma with metastasis, and pneumonia was listed as the underlying cause. The claim for service connection for the cause of death is denied because there is no evidence linking any in-service disease or injury to his death.

The veteran's appeal has been dismissed as she withdrew her Substantive Appeal prior to the Board making a decision.

The Veteran withdrew his appeal for service connection of stroke residuals.

The Veteran's left orbital floor fracture with diplopia did not result from VA fault, and therefore he is not entitled to compensation under 38 U.S.C.A. § 1151.

The Board has determined that new and material evidence has been submitted to reopen the claim for service connection for polymyositis. The Veteran's argument is now considered, and it is found that his condition may be related to his service-connected lung cancer.

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

The Veteran's right shoulder disability is currently rated at 20 percent disabling. The Board found that he is not entitled to a higher rating prior to August 25, 2006 and after this date.

The Board denied the Veteran's claim for service connection for a jaw disorder, finding no evidence of chronic disability related to active service.

The Veteran's claim for non-service-connected VA pension benefits is denied as his verified active duty service renders him ineligible for the benefit.

The Veteran's appeal is being remanded due to his failure to appear for a scheduled hearing. The case will be returned to the RO via the Appeals Management Center (AMC) in Washington, DC.

The Veteran's appeal is remanded for a VA medical examination to determine the current nature and extent of his left ear tympanoplasty and otitis media/externa disability. The Veteran asserts that his condition has worsened, including experiencing 'crusty stuff' in his ear and bleeding.

The Board has denied the Veteran's request to reopen his claim for service connection for a vision disorder, finding that new and material evidence was not presented.

The Board has remanded the case due to the Veteran's request for a Travel Board hearing, and the claim will be processed accordingly.

The Veteran's post-operative residuals of right hallux valgus deformity do not meet the criteria for a higher rating than 10 percent.