Other conditions decisions — 2009

The Board found that the Veteran's respiratory disability was not incurred during service and could not be presumed due to Agent Orange exposure. The claim for service connection was denied.

The Veteran's hip disability is found to be related to his service-connected low back disability. The skin disability of the hands, face, and ears was not shown to have been incurred in or aggravated by service.

The Board has determined that the Veteran's occasional diplopia is a result of his active military service, and he does not have residuals of an eye injury other than diplopia attributable to his service.

The Board has determined that the Veteran's bilateral heel disability, which includes calluses and possibly heel spurs, was incurred during his period of active service.

The Veteran's claim for an increased rating for left sural nerve neuroma with neurologic deficit was granted, and she is now rated at 30 percent effective February 25, 2003. The claim for a higher rating for recurrent peroneal subluxation of the right lower extremity was also granted, but only effective from September 16, 2008.

The Veteran's claim for an initial rating in excess of 10 percent for residuals of compression fracture, T8 was denied by the Board. The disability is currently rated at 10 percent under Diagnostic Code 5293 (for intervertebral disc syndrome).

The Veteran's cause of death was not caused by any service-connected disability, including his hypertension and peripheral vascular disease. The Board finds that the Veteran's adenocarcinoma of the stomach is a direct result of his period of active duty.

The Board has remanded the case due to inadequate VA examination and incomplete medical records. The Veteran's claim for an initial compensable rating for diplopia is pending.

The Veteran's claim for service connection for a respiratory disability, claimed as due to cold exposure during active service, was denied. The Board found no evidence linking the current respiratory disability to service.

The Veteran's hearing loss was initially evaluated at 20 percent from July 26, 2004 to January 8, 2009. From January 9, 2009, the evaluation increased to 10 percent.

The Board denied the Veteran's claim of service connection for a duodenal ulcer and his TDIU claim. The decision found that new evidence did not reopen his previously denied claim, and that he is not unemployable due to his service-connected disability.

The Veteran seeks service connection for residuals of a head injury or wound, including dizziness. The Board has determined that additional development is needed to address these claims.

The Board has determined that new and material evidence has not been submitted to reopen the Veteran's claims for service connection for impotency, congestive heart failure, a neurological condition affecting both lower extremities, a neurological condition of the right upper extremity, or a neurological condition of the left upper extremity. The claims are therefore denied.

The Veteran's appeal was dismissed due to his death.

The Veteran's request for an increased evaluation for his service-connected bilateral foot fungus was granted, with a 10% disability rating effective July 27, 2005. The Board found that the increase in severity occurred within one year prior to the claim and thus the effective date is set as of the date of receipt of the claim.

The Board has remanded the case due to the need for additional evidence and an examination.

The Veteran's death was not covered by non-service-connected burial benefits as he did not have a pending claim for compensation or pension, and was not hospitalized by VA at the time of his death.

The Board denied service connection for cold injury residuals of the bilateral feet and hands, finding no current disability in either case.

The Veteran's claim for an increased rating for his right index finger disability was denied by the Board as there is no evidence of additional functional loss or impairment not already accounted for in the current 10 percent rating.

The Veteran's appeal is being remanded for scheduling a hearing in Denver, Colorado. The case will be returned to the Board after the hearing.