Other conditions decisions — 2009

The Veteran's claim for service connection for a jaw and dental disability was denied as there is no evidence of in-service trauma or disease that would support the claim.

The Veteran's claim for a permanent and total disability evaluation for pension purposes was received by VA on December 28, 2006. The Board found that the preponderance of evidence did not support an effective date prior to December 28, 2006.

The Veteran's non-Hodgkin's lymphoma and spinal cord compression were not incurred or aggravated by service, nor are they presumed to have been incurred therein. The Board denied the claims for service connection.

The Board has determined that the Veteran does not have a current right lower extremity disability that is etiologically related to an in-service injury, illness, or event.

The Veteran's claim for a higher initial rating for his service-connected disability of fracture of the right thumb and right ring finger, and traumatic amputation to the distal tip of the right middle finger was granted. The effective date is not specified as the issue pertains to an initial evaluation.

The Board found that the Veteran's macular degeneration was not related to his active service, including any exposure to Rickettsial disease.

The Board found that the appellant was not entitled to recognition as the veteran's surviving spouse due to her divorce from the veteran prior to his death, and thus did not meet the requirements for a surviving spouse.

The Veteran's pituitary microadenoma is well controlled with medication, resulting in a 10 percent evaluation. The Board finds no basis to grant an evaluation higher than the current 10 percent.

The Board has determined that new and material evidence has not been submitted to reopen the appellant's claim of entitlement to basic eligibility for non-service-connected pension benefits. The case was previously denied due to insufficient evidence showing service in any of the regular components of the U.S. Armed Forces.

The Board has determined that the Veteran's current left foot symptoms are not causally or etiologically related to service, including any cold weather injury. As a result, the claim for service connection for residuals of a cold injury to the left lower extremity is denied.

The veteran seeks service connection for a respiratory disorder, including as the residuals of exposure to asbestos. The case is being remanded for additional development and examination.

The Board has remanded the case to allow for further development, including obtaining VA pulmonary testing and ensuring all relevant records are associated with the claims file.

The Board denied service connection for an acquired psychiatric disorder, including depression or dysthymia, psychotic disorders and PTSD. The Veteran's claim was reopened based on new evidence, but the VA found no nexus between his current psychiatric conditions and service.

The Veteran's TDIU claim is being remanded due to the grant of service connection for chronic adjustment disorder with mixed emotional features. The appeal will be reconsidered after this decision.

The Veteran's varicose veins of the left leg were initially shown to have been productive of a level of impairment that more nearly approximated persistent edema and stasis pigmentation or eczema, with intermittent ulceration. A rating of 40 percent was granted effective February 3, 2009.

The Veteran's claim for service connection for spondylosis, claimed as neck injury, with fractured vertebrae at C-6 was granted effective November 27, 2002.

The Board has determined that the appellant's discharge from active military service was under dishonorable conditions, thus creating a bar to VA compensation benefits.

The Board denied the appellant's claim for an extension of her delimiting date of May 8, 2002 for educational benefits under Chapter 35, Title 38, United States Code due to lack of entitlement under the law.

The Veteran's appeal is being remanded for further evaluation and consideration of his claim, including potential application of Diagnostic Codes 5278 and 7801-7805.

The Board has remanded the case to provide proper VCAA notice and to consider the claim of service connection for dysthymia, including on a secondary basis.