Other conditions decisions — 2009

The Veteran's right ulna fracture has been rated at 20 percent since May 15, 2004. The Board found that the current rating is appropriate as there is no evidence of nonunion in the upper half or false movement.

The Veteran is seeking service connection for benign prostatic hypertrophy, including incontinence. The case has been remanded due to the need for additional development of evidence.

The Board denied a rating in excess of 30 percent for the service-connected cervical spine disability, finding that as of January 13, 2006, the disability picture more nearly approximated severe limitation of motion with some deformity of C5. Prior to this date, the disability was manifested by moderate limitation of motion and deformity.

The Board found that the Veteran's CIDP is not related to his service-connected laminectomy at L4-S1 with removal of herniated disc and hardware, and thus denied his claim for secondary service connection.

The Board has granted a rating of 20 percent for the Veteran's service-connected fractured medial malleolus, right tibia. The claim for a compensable rating for his fractured neck, right talus with contusion of the foot is also granted.

The Board has determined that the Veteran's current cold injury residuals of bilateral feet are related to his service exposure to extreme cold in Korea, and thus grants service connection for this condition.

The Veteran withdrew his appeal for a disability evaluation in excess of 40 percent for the service-connected status post laminectomies and arthrodesis with residuals, to include a history of herniated nucleus pulposus.

The Veteran's claim for a separate compensable evaluation for neurological residuals of his herniated disc at L4-L5 was denied as he failed to report for the scheduled VA examination.

The Veteran died of a non-service-connected disorder and did not meet the criteria for burial benefits as he was not in receipt of VA compensation or pension, nor was his death due to a service-connected disability. The claim is denied.

The Board has ordered another remand to attempt to verify the Veteran's claimed stressor and determine if service connection for PTSD can be established.

The Board has denied the Veteran's claim for service connection for a right inguinal hernia/blood clot and a left eye disability. The decision found that there is no current evidence of residuals from the thrombosis noted in service, and concluded that the recent hydrocele is not related to the thrombosis.

The Veteran's service is not considered qualifying for VA non-service-connected death pension benefits.

The Board denied the appellant's claim for basic eligibility for VA nonservice-connected pension benefits due to a lack of qualifying military service, as determined by the service department records.

The Veteran's appeal is being remanded for additional evaluation of his service-connected chronic encephalitis residuals and chronic brain syndrome.

The Veteran's angina was not incurred in or aggravated by service, and the Board finds that it is not a chronic disease for which presumptive service connection can be granted.

The Veteran's low back disability is not productive of severe limitation of motion, incapacitating episodes having a total duration of at least four weeks but less than six weeks during the past 12 months, or favorable ankylosis of the entire spine. Therefore, his claim for an evaluation in excess of 20 percent has been denied.

The Board found that the Veteran's cardiovascular disability did not originate in service or for many years thereafter, and is not otherwise etiologically related to service.

The Veteran has withdrawn his appeal for service connection for cancer of the mediastinum.

The Veteran's left knee disability, characterized by mild degenerative joint disease and associated pain, does not warrant a higher initial rating than 10 percent.

The Veteran's service-connected subtotal gastrectomy for an ulcer is currently rated at 40 percent, and the Board finds that this rating is not adequate to reflect his disability.