Other conditions decisions — 2009

The Board denied the claims for service connection for left leg conditions, an increased rating for vitiligo, and an increased rating for headaches and dizziness.

The Board's July 20, 2007 decision was vacated due to a violation of the duty to assist, and the case is remanded for additional development.

The appeal for service connection for right ear hyperacusis was remanded to the RO for an examination and opinion regarding the etiology of the condition.

The Board denied a compensable rating for the upper back strain prior to September 26, 2003, but granted a 20 percent rating from that date.

The Board denied the claims for service connection for a blood condition, skin rash, and right abdominal pain as there is no objective evidence of these conditions being related to the appellant's military service or an undiagnosed illness.

The appellant's claim for apportionment of the Veteran's VA pension benefits was denied due to insufficient evidence regarding their marital status and financial hardship.

The Veteran's colon cancer with metastasis to the right lung was granted service connection based on his exposure to herbicides in Vietnam.

The Board denied compensation under 38 U.S.C.A. § 1151 for additional disability related to a right foot disorder as there was no evidence that the Veteran's current condition resulted from carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault by VA medical personnel, or due to an event not reasonably foreseeable in furnishing the Veteran's medical treatment.

The Veteran's digestive disorder was characterized as moderate with less frequent episodes of epigastric disorders and characteristic mild circulatory symptoms after meals, but with diarrhea and weight loss. The Board found that the criteria for a rating in excess of 40 percent were not met.

The appeal is remanded to the Regional Office for scheduling a personal hearing.

The Board granted a 20 percent disability rating for the residuals of a left little toe bunionectomy, finding that the symptomatology was moderately severe.

The Board denied service connection for the cause of the Veteran's death, finding that a disability of service origin did not cause or contribute substantially to his death.

The Board denied the Veteran's claim for service connection for chronic lymphocytic leukemia, finding no evidence of in-service exposure to Agent Orange and no medical evidence linking the condition to military service.

The Board denied service connection for residuals of a shrapnel wound of the fifth (pinky) finger of the right hand as there was no competent medical evidence establishing a nexus between the Veteran's claimed condition and his active military service.

The Board denied an initial evaluation in excess of 20 percent for temporomandibular joint syndrome (TMJ) prior to February 13, 2006 and an evaluation in excess of 30 percent from February 13, 2006.

The Board found that a service-connected disability did not cause or contribute substantially to the Veteran's death due to pancreatic cancer.

The Veteran's claim for a compensable rating for the residuals of his right epididymectomy was denied as there is no evidence of testicular atrophy or other factors that would warrant a higher rating.

The Veteran's service-connected bilateral Morton's neuromas were rated at the maximum 10 percent, and his PTSD was rated as 50 percent from December 15, 2006.

The Board denied a rating in excess of 30 percent for the Veteran's left eye disability, described as left eye aphakia due to cataract.

The Board denied the appellant's claim for compensation benefits pursuant to 38 U.S.C.A. § 1151 for the Veteran's cause of death, as it was not shown that VA carelessness or negligence proximately caused the Veteran's death.