Other conditions decisions — 2009

The Board has reopened the Veteran's claim of service connection for a dental condition due to new and material evidence provided by the Veteran. The case is now remanded for further development, including a VA examination.

The Veteran's appeal for a total evaluation based on individual unemployability due to service-connected disabilities has been dismissed due to the death of the appellant.

The appellant's claim for surviving spouse status is being remanded due to the need for additional evidence regarding her marriage and divorce history.

The Board has determined that the Veteran's missing tooth #14 is service-connected for purposes of VA outpatient treatment, but not for compensation purposes. The Veteran is eligible for Class II VA outpatient dental treatment due to her noncompensable service-connected condition and the fact that she served during a period of active duty with more than 90 days. She also meets criteria for Class II (a) eligibility based on service trauma.

The Veteran's claims for increased ratings for thrombo-angiitis obliterans and varicose veins are being remanded due to the need for additional medical examination to accurately assess his disability levels.

The Veteran's appeal is remanded due to the need for further development, including a VA examination to assess her Hodgkin's disease residuals.

The Veteran's service-connected lacerated and fractured left middle finger does not meet the criteria for a compensable evaluation.

The Board has granted a 10 percent disability evaluation for the Veteran's service-connected right thumb fracture, finding that his symptoms more closely approximate the criteria for such an evaluation.

The Veteran's appeal has been dismissed due to his death.

The Veteran's service-connected residuals of a blast wound to the left hip/buttock, Muscle Group XVII are manifested by no more than a moderately severe muscle injury and do not warrant a rating in excess of 40 percent.

The Board finds that the Veteran's prolonged unauthorized absence, including a 22-month period from April 1983 to February 1985, was warranted due to compelling circumstances such as his son's premature death and subsequent care. The Board resolves doubt in favor of the appellant and concludes that the character of discharge is not considered a bar to VA compensation benefits.

The Veteran's cause of death was not caused by or substantially contributed to by a service-connected disability. However, his pre-existing left tympanic membrane perforation was granted service connection.

The Veteran's claims for service connection for PTSD, hypoglycemia (secondary to herbicide exposure), and breathing problems (secondary to asbestos exposure) were denied. The Board found no evidence of a current disability or in-service incurrence/aggravation that would support these claims.

The Veteran's cold injury residuals in his left foot and calf were incurred during service due to exposure to frigid temperatures, and the Board grants service connection for these conditions.

The Board denied the appellant's request to reopen her previously denied claim for service connection for the cause of her husband's death, finding that no new and material evidence had been submitted.

The Veteran's service-connected malaria and skin condition were denied as the evidence did not meet the criteria for a compensable evaluation.

The Veteran's left femoral nerve palsy is found to be the result of VA medical care, specifically a hip revision surgery in March 2000. The Board determined that there was no evidence of negligence or lack of informed consent on the part of VA.

The Veteran's right distal femur injury with rod placement is currently rated at 20 percent, and the Board found that his impairment most nearly approximates moderate knee disability. The claim for a higher rating was denied.

The Board has determined that the Veteran's delusional disorder is likely attributable to his active military service, and thus grants service connection for this condition. The issue of entitlement to service connection for an active psychosis for treatment purposes is dismissed as moot.

The Veteran's torticollis is currently rated at 10 percent, but does not meet the criteria for a higher rating as it does not warrant more than moderate muscle impairment.