Other conditions decisions — 2009

The Board has determined that the Veteran's current left elbow disability is not related to his active service and therefore, denied his claim for service connection.

The Board's November 1995 decision denied an increased evaluation for residuals of a right hip gunshot wound. The moving party argues that the Board failed to recognize moderate muscle injury to Muscle Group XIV, which should have warranted a 30 percent rating.

The Board has determined that the Veteran's hysterectomy was incurred during her first period of active duty, and service connection is granted.

The Board has remanded the case for further development due to inadequacies in the previous rating decision and the need for a VA examination.

The Board has granted service connection for left ventricular hypertrophy, which is the result of the Veteran's service-connected hypertension. The issues of higher ratings for diabetes mellitus and hypertension, as well as TDIU, are remanded.

The Veteran has been granted service connection for residuals of cold injury to the hands and fingers, which are considered a direct result of his active military service.

The Board has granted service connection for basal cell carcinoma of the skin (skin cancer) in this decision.

The Veteran's residuals of a shrapnel wound injury to the left calf are rated at 30 percent, which is the maximum rating available under DC 5311.

The Veteran's service treatment records do not show any right ankle injury. His current degenerative joint disease was not incurred during service.

The Veteran's service-connected residuals of a lacerating fragment wound on the left lateral chest wall do not meet the criteria for a compensable evaluation. His bilateral defective hearing and tinnitus are also denied.

The Board denied the Veteran's claim for an effective date prior to August 13, 2004 for the award of special monthly pension (SMP) based on the need for regular aid and attendance. The evidence did not show that he was in need of regular aid and attendance prior to this date.

The Board has determined that the Veteran's BPH, cellulitis of the bilateral feet, and Môniére's disease were not incurred in or aggravated by service. The appeal is denied.

The Board has granted a 40 percent rating for varicose veins in the right lower extremity, effective from March 15, 2005.

The Veteran's claim for service connection for a pulmonary disorder, claimed as asbestosis, is being remanded due to the need for additional development including obtaining a VA examination.

The Board denied an increased apportionment of the Veteran's VA compensation benefits on behalf of their child S.J. prior to June [redacted], 2008, finding that it would cause undue financial hardship for the Veteran.

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

The Board has determined that the earliest document in the claims file indicating a claim for service connection for pain disorder associated with psychological factors was received on July 28, 1993. Therefore, an effective date prior to this date is denied.

The Board has granted a 40 percent evaluation for varicose veins of the left leg and a 40 percent evaluation for varicose veins of the right leg, finding that there is persistent edema in both legs which supports this rating.

The Board has granted a noncompensable disability rating for the Veteran's service-connected calluses of each foot, as they are superficial and do not meet criteria for higher ratings based on functional impairment or scars. The effective date is not specified.

The Veteran's cause of death, glioblastoma multiforme, is not related to his service or exposure to herbicides. The Board finds that the preponderance of evidence is against the claim.