Other conditions decisions — 2009

The Board has remanded the case due to additional VA treatment records being associated with the claims file after a previous SSOC was issued. The appellant's claims for service connection for the cause of the Veteran's death and entitlement to DIC under the provisions of 38 U.S.C.A. § 1318 will be readjudicated.

The Veteran's claims for increased ratings for his lower back strain and earlier effective date for TDIU were denied. The Board found that the evidence did not support a rating in excess of 10 percent prior to September 19, 1997 or in excess of 20 percent beginning September 19, 1997. Additionally, there was no evidence showing that his service-connected disabilities combined to preclude employment prior to February 11, 1997.

The Board has denied the Veteran's claim to reopen his previously denied claim for service connection for herniated nucleus pulposus due to lack of new and material evidence.

The Board has remanded the case due to inadequate reasons and bases for denial of service connection, including lack of a finding on continuity of symptomatology post-service. The Veteran's lay assertions are considered credible but not probative in establishing etiology.

The Veteran's death was not caused by a service-connected disability, and there is no evidence of tuberculosis during his lifetime. The Board denied the claims for service connection for cause of death and Dependents' Educational Assistance.

The Board has remanded the case for further development due to insufficient evidence regarding the nature and etiology of any current right hand disability.

The Veteran's spondylolisthesis with bilateral pars defects and degenerative joint disease of the spine have been chronically worsened by his service-connected bilateral knee disabilities, resulting in secondary service connection.

The Veteran's claim for service connection for arthritis is being remanded due to the need for a VA examination and medical opinion regarding the etiology of his claimed condition.

The Board found that the Veteran's left leg varicose veins were not incurred in service and are not proximately due to or aggravated by his service-connected left ankle condition. The claim was denied.

The Veteran's appeal for an increased rating for his service-connected depressive neurosis was denied. The evidence did not show that the condition caused occupational and social impairment with occasional decrease in work efficiency and intermittent periods of inability to perform occupational tasks prior to September 10, 2003. After this date, the Veteran had significant improvements in his symptoms and functioning.

The Board has determined that the Veteran's current peripheral vascular disease with claudication in the right lower extremity is related to an injury sustained during his military service.

The Board has denied the Veteran's claim to reopen his service connection for otitis media, right ear, with perforation of tympanic membrane due to lack of new and material evidence.

The Board has determined that the Veteran's current residuals of a shrapnel wound to the right hand are not related to his active service and have denied his claim for service connection.

The Veteran's claim for service connection for residuals of cold weather injuries to the right foot was denied as there is no medical evidence showing such a condition existed during or after his military service.

The Veteran's appeal was granted, and he is currently rated at 10 percent for myositis ossificans of the right femur with a strain and degenerative joint disease of the right hip.

The Veteran's claim for an increased rating for left (minor) trapezius strain with costochondritis was denied as there is no evidence of ankylosis, limitation of arm motion to 25 degrees from side, fibrous union of the humerus, or impairment of the muscles of respiration of the thoracic muscle group.

The Veteran's cause of death, Chronic Myelogenous Leukemia (CML), is not service connected as it was not incurred or aggravated by any incident of his military service, including Agent Orange exposure.

The Board has determined that the Veteran's lung disability, including as due to asbestos exposure, was not incurred in or aggravated by active service.

The Board finds that the Veteran does not have a current diagnosis of a chronic ear disability manifested by itching, and thus cannot establish service connection for this condition.

The Board has determined that the Veteran's skin disability is not related to his service and therefore denied his claim for service connection.