Other conditions decisions — 2010

The Board found that the Veteran's retained suture needle in peritoneum as a residual of gastric bypass surgery does not warrant an initial disability rating in excess of 10 percent, and denied entitlement to extraschedular evaluation.

The Veteran's claim for service connection for degenerative joint disease and arthritis of the lumbar spine is being remanded due to incomplete records, need for VA examination, and further development.

The Veteran's claim for service connection for a skin disability was denied as there is no evidence of a chronic condition during service and the current condition is not related to his military service.

The Board denied the appellant's claim for payment of death pension benefits for July 2005, finding that no such payments could be made earlier than August 1, 2005.

The Veteran's claim for an initial evaluation in excess of 10 percent for ankylosing spondylitis of the thoracic-lumbar spine from June 13, 2003 to December 1, 2005 was denied. The appeal is not about service connection at all.

The Board has determined that new and material evidence has not been presented to reopen the claim of entitlement to service connection for discoid lupus erythematosus (lupus).

The Veteran's appeal for a lightweight portable patient lift was dismissed due to the death of the appellant.

The Veteran's period of active duty for training (ACDUTRA) did not meet the basic eligibility requirements for non-service-connected disability pension benefits due to a lack of qualifying wartime service.

The Veteran seeks compensation under 38 U.S.C.A. § 1151 for a left eye disability claimed as due to VA treatment in September 2002. The case is being remanded to obtain additional records and provide the Veteran with an examination to determine if VA carelessness, negligence, or lack of proper skill caused his current left eye disability.

The Veteran's application for enrollment in the VA healthcare system was denied as he does not have a service-connected disability and his income exceeds the income thresholds.

The Veteran is granted an initial compensable disability rating of 30 percent for his service-connected keratoconus and vitreal floaters in both eyes, effective from December 1, 2006.

The Board has determined that the appellant's income exceeds the maximum annual pension rate for death pension benefits, thus denying her claim.

The Veteran's claim for an earlier effective date for service connection and compensation for mycosis fungoides was denied as the new evidence submitted did not consist of service department records, and the earliest date a claim for service connection arose was April 21, 1994.

The Board determined that the appellant's other than honorable discharge from service constitutes a bar to payment of VA benefits.

The Veteran disagrees with the reduction of his disability evaluation for service-connected non-Hodgkin's lymphoma from 100 percent to zero percent, effective October 1, 2007. The Board has determined that additional development is needed due to a lack of adequate examination and remands the case.

The Veteran's claim for service connection for post-operative residuals of herniated nucleus pulposus is being remanded due to insufficient VCAA notice and procedural issues.

The Board has determined that the claims of clear and unmistakable error in the November 30, 1961 and November 15, 1963 rating decisions are dismissed as these decisions were subsumed by a later decision on the merits.

The Veteran's service-connected post-operative gynecomastia of the right breast, including residual scarring, does not meet the criteria for a compensable rating under any applicable diagnostic codes.

The Veteran's incomplete paralysis of the seventh (facial) cranial nerve is manifested by partial anesthesia of the upper lip, which does not meet the criteria for a higher rating.

The Board has remanded the Veteran's claims for additional development due to new evidence and a need for opinions from a neurological specialist regarding the cause of his symptoms.