Other conditions decisions — 2009

The Veteran's appeal for an increased evaluation of residuals of spontaneous pneumothorax has been withdrawn by the representative.

The Board found that there is no competent medical evidence showing that the hysterectomy disability is related to service or to the Veteran's service-connected asthma.

The Veteran's shin splints of the right and left legs were denied increased evaluations, and her claim for a total disability rating based on unemployability due to service-connected disabilities was also denied.

The Veteran's appeal is being remanded for a new VA examination to evaluate the severity of his varicose veins of the left leg, currently rated at 40 percent.

The Board denied the appellant's claims for DIC under 38 U.S.C.A. § 1318 and accrued benefits, finding that she did not meet the criteria for these benefits. The claim for nonservice-connected death pension benefits was remanded to the RO.

The Board found that the Veteran's temporomandibular joint disorder was not caused or aggravated by the VA electromyography performed on May 7, 2002 and denied his claim for compensation under 38 U.S.C.A. § 1151.

The Board found that the Veteran's currently diagnosed low back disorder, degenerative changes of L4-5, was not incurred or aggravated during his period of active service and denied his claim for service connection.

The VA determined that there is no evidence to support a connection between the Veteran's current skin disability and his military service, including presumed exposure to herbicides in Vietnam. As such, the claim for service connection was denied.

The appeal is dismissed as there is no longer a question or controversy about whether the discontinuance of nonservice-connected pension benefits from March 1, 2003, due to incarceration was proper.

The Board denied the appellant's request for an earlier effective date for the grant of service connection for the cause of her husband's death, finding that a formal or informal claim was not received between the January 1999 denial and the January 3, 2003 request to reopen the claims.

The Veteran's claims for service connection for impotency and a skin disorder of the hands are being remanded due to the need for an appropriate medical opinion regarding their relationship to his service-connected diabetes mellitus type II.

The Veteran's claims for service connection for cold injury residuals of the feet and hip arthritis have been denied. The Board is awaiting additional development to address his claim for hip arthritis.

The Veteran's claims for increased ratings were denied. The Veteran was not granted any compensable or higher evaluations for his service-connected shin splints, headaches, facial scars, and anosmia.

The Veteran's claim seeking an increased rating for his residuals of a right foot fracture was denied because he failed to report for a scheduled VA examination.

The Board has determined that a VA examination is needed to clarify whether the Veteran's preexisting ulcer disease was aggravated by his period of active service. The case will be remanded for this purpose.

The Veteran seeks service connection for atrophy of the left optic nerve. The Board has determined that a remand is necessary to obtain additional medical evidence and provide an opinion regarding whether this condition can be related to his military service.

The Board found that the cause of death, esophageal cancer, was not linked to service or Agent Orange exposure. Therefore, the claim for service connection for the cause of death is denied.

The Board has decided to remand the case for further development, including obtaining medical records and scheduling a VA examination.

The Board has remanded the case for further development and a new rating decision, including obtaining medical opinions to determine if the Veteran's service-connected syphilis was active at the time of his death and whether it caused or contributed substantially and materially to his death.

The Board found that the Veteran's fatal cholangiocarcinoma was not caused or contributed to by a service-connected disability, and thus denied the claim for service connection for the cause of death.