Other conditions decisions — 2010

The Board denied the appellant's claim for basic eligibility for VA death benefits as the decedent did not have service in the United States Armed Forces.

The Veteran's claims for increased ratings and earlier effective dates were denied. The Board found that the current rating criteria adequately described his disability, and there was no evidence of an exceptional or unusual disability picture.

The Veteran's claim for an increased evaluation for myositis ossificans of the left leg was denied. The Board found that there is no compensable limitation of motion or clinical evidence of active myositis on bone scan or radiographic studies, leading to a denial of his claim.

The Board found no evidence of a chronic skin disability in service and denied the Veteran's claim for service connection.

The Board has remanded the case due to concerns about the validity of the Veteran's claim for service connection for residuals of Lyme disease, including questions regarding his credibility and the lack of a valid diagnosis.

The Veteran's claims for increased evaluations were denied. The right hip condition is already rated at the maximum allowed, and the left femur conditions did not meet the criteria for higher ratings prior to December 29, 2008, or on or after that date.

The Veteran's claim for an earlier effective date for service connection of Chronic Lymphocytic Leukemia was denied as the earliest date entitlement arose is December 4, 2004, which is later than the date of receipt of the claim (April 18, 2005).

The Veteran's claim for service connection and compensation under 38 U.S.C.A. § 1151 was denied as there is no evidence of additional disability caused by VA care, or fault on the part of VA.

The Veteran's claim for compensation under 38 U.S.C.A. § 1151 for a dental disorder, claimed to be due to VA dental treatment in 1971 is denied as there is no record of such treatment and the preponderance of evidence does not support a connection between the current condition and the alleged incident.

The Board found that the termination of special monthly pension based on the need for aid and attendance was not warranted, as there is insufficient evidence to find that the Veteran's partial paraplegia resulted from his own willful misconduct.

The Veteran's nerve damage to the left foot and knee was not caused by VA medical care, thus his claim for compensation benefits pursuant to 38 U.S.C.A. § 1151 is denied.

The Veteran's claim is being remanded due to the need for a current VA examination of his left knee disability.

The Veteran's post-operative residuals of small bone donor site, right iliac crest associated with left hemifacial microsomia with lymphedema and both pre- and in-service surgical procedures were not incurred or aggravated by service.

The Board has determined that the Veteran's avascular necrosis of both hips does not warrant a disability rating in excess of 10 percent, as there is no evidence of ankylosis, flail joint, or impairment of the femur. The current 10 percent ratings are based on limitation of motion and pain.

The Board has determined that the appellant was not entitled to recognition as the surviving spouse of the Veteran due to a valid divorce between them, which remained final at the time of the Veteran's death.

The Veteran's claim for service connection for residuals of trauma to tooth number 7, including for dental treatment purposes is being remanded due to the need for additional development and medical opinions.

The Veteran seeks service connection for a hysterectomy. The Board has ordered additional development to determine if the uterine fibroids, which led to the need for a hysterectomy, manifested in service or are otherwise related to service.

The Veteran's appeal is remanded due to the need for a new VA examination and consideration of whether there was a clear and unmistakable error in the April 1982 rating decision granting service connection.

The Board has restored service connection for non-Hodgkin's lymphoma, finding no clear and unmistakable error in the original grant of service connection.

The Veteran's appeal for an increased rating for her service-connected spine disability has been dismissed as she withdrew the appeal in writing.