Other conditions decisions — 2010

The Board has ordered a new VA examination due to the appellant's claim of increased disability since his last examination, which is over five years old.

The Veteran's thoracic outlet syndrome of the left upper extremity is characterized by intermittent pain and numbness, resulting in mild incomplete paralysis. His left elbow disability is characterized by intermittent pain without loss of strength or range of motion. The Board has granted an initial rating of 20 percent for both conditions.

The Board has determined that the Veteran's narcolepsy was incurred during his active duty for training (ACDUTRA) in May 1957, and service connection is granted.

The Veteran's service-connected disabilities do not preclude him from securing or following substantially gainful employment consistent with his education and industrial background.

The Board denied service connection for degenerative joint disease of the thoracic spine, finding that it did not manifest during or within one year after service and is not related to military service.

The Board found that the Veteran's digestive disorder, including PUD, is not etiologically related to service and denied his claim for service connection.

The Veteran's claims for increased ratings for his service-connected left paracentral disc protrusion at L5-S1 were denied. The Board found that the evidence did not meet the criteria for a rating in excess of 20 percent from September 13, 2005 to December 31, 2006; 40 percent from January 1, 2007 to February 1, 2007; and 40 percent beginning April 1, 2007.

The Veteran does not have a current skin disorder of the lower extremities that is due to herbicide exposure or other event of his period of service including his active duty in the Republic of Vietnam. The Board finds that there is no evidence to support the claim for service connection.

The Veteran does not have a disability of the left leg other than osteochondroma of the distal left femur, and her claim for service connection is denied.

The Board denied service connection for a gastrointestinal disorder, finding that the Veteran did not have current residual disability and that his symptoms were attributable to pre-service conditions. The issue of cardiovascular disease was stayed pending final regulations establishing presumptions based on herbicide exposure.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling a VA examination to assess the severity of his service-connected disabilities.

The Board found that there was no clear and unmistakable error (CUE) in the October 1969 rating decision regarding the right thigh and buttocks fragment wound, but did find CUE in the initial noncompensable rating for multiple superficial fragment wounds of the lower extremities. The effective date remains unchanged.

The Veteran's claims for recognition of J.E.V. and E.P.F. as legal spouses, and additional compensation for his dependent children J.D. and J.M., were denied due to unresolved issues regarding the validity of prior marriages.

The Board denied the Veteran's claim for service connection for loss of teeth, finding that his teeth were extracted due to nonrestorable caries noted approximately two weeks after entry into active duty. As this occurred less than 180 days after entry, service connection was not established.

The Veteran's appeal for service connection for a pulmonary and respiratory disorder has been withdrawn. The case is being remanded to the RO for further development regarding his claim of residuals from cold injuries.

The Board dismissed the appeal due to the appellant's withdrawal of her appeal prior to a decision being made.

The Board has determined that the RO did not provide proper notice and is therefore remanding the case for compliance with due process requirements.

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

The Board found that the Veteran's patellofemoral syndrome of the right knee did not warrant a rating higher than 20 percent, as his range of motion was limited to 90 degrees for flexion and 10 degrees for extension with pain.

The Board finds that the appellant's claim for an effective date earlier than February 4, 2005, for service connection for the cause of the Veteran's death has not met the criteria. The effective date assigned is February 4, 2005, which was the date her claim for Dependency Indemnification was received.