Other conditions decisions — 2010

The Veteran's abdominal aortic aneurysm was greater than 5 centimeters in diameter from August 1, 2002 to April 4, 2007 and meets the criteria for a 100% disability rating.

The Board has remanded the case for further development, including obtaining additional service records and providing VCAA notice. The appeal is now pending again with the RO.

The Board has granted a 10 percent evaluation for the Veteran's bilateral peroneal muscle herniations, which is the maximum schedular rating available under Diagnostic Code 5326.

The Veteran's claim for service connection for bilateral hammer toes was denied as there is no medical evidence of record indicating that the current disability is related to his period of active duty.

The Board has determined that the Veteran's cognitive disorder clearly and unmistakably pre-existed service, but there is also evidence of aggravation during service. Therefore, service connection for a cognitive disorder is granted.

The Veteran's appeal has been dismissed as he requested to withdraw the appeal in its entirety.

The Board has determined that the appellant's claim for nonservice-connected burial benefits is without legal merit as the service member was not in receipt of VA compensation or pension at the time of his death, and there were no other conditions met for payment.

The Veteran's appeal is being remanded for additional development of the record, including obtaining medical records and scheduling a VA spine examination to evaluate his cervical spine disability. The claim will be readjudicated after these actions.

The Board has remanded the case for additional development, including obtaining service treatment records and scheduling VA examinations to determine the nature and etiology of any eye disability and joint pain. The Veteran's claims for service connection are pending.

The Board has denied the appellant's claim for treatment in the VA health care system without a copayment requirement. The case is now remanded to obtain additional information and determine if there was hardship or unreimbursed medical expenses.

The Board has granted service connection for the Veteran's stroke residuals, finding that they are proximately due to his service-connected diabetes mellitus and peripheral neuropathy.

The Board denied the appellant's claim for VA death pension benefits as she does not meet the criteria to be recognized as a 'surviving spouse' of the Veteran.

The Board has determined that the appellant's discharge from service under conditions other than honorable constitutes a bar to VA benefits, including health care.

The appellant's husband had service that would have qualified him for the benefit, but he died before the Act was enacted and the fund established. As a result, the appellant does not meet the eligibility requirements for payment from the fund.

The Veteran's claim for an initial rating in excess of 10 percent for his service-connected torn medial collateral ligament of the right knee was denied by the Board.

The Board has determined that the Veteran does not have a current diagnosis of an upper gastrointestinal disorder and therefore, service connection for this condition is denied.

The Board finds that the reduction of the rating from 100 percent to 10 percent for service-connected residuals of adenocarcinoma of the prostate gland, effective April 1, 2005, was proper.

The Veteran's intervertebral disc syndrome was found to be productive of moderate symptomatology and no incapacitating episodes. For the period prior to November 12, 2009, a higher evaluation is denied as his forward flexion did not meet the criteria for a 40 percent rating. From November 12, 2009, he does not have either favorable or unfavorable ankylosis of the thoracolumbar spine and thus no higher evaluation is warranted.

The Board has determined that the Veteran's hematospermia does not constitute a disability for VA compensation purposes and therefore cannot be granted service connection.

The Veteran's claim for an increased rating for his residuals of a fracture of the right pelvic ischium was denied by the Board. The current disability level does not meet or approximate the criteria for a higher rating.