Other conditions decisions — 2010

The Board denied the Veteran's claims for basic eligibility to any VA educational benefits due to lack of evidence supporting his claim.

The Veteran's claim for an increased rating in excess of 10 percent for the service-connected residuals of a shrapnel wound to the left thigh, with a retained foreign body involving Muscle Group XIII is being remanded due to inadequate discussion and need for further examination.

The Board denied service connection for left eye disability, including retinal telangiectasia, finding that the Veteran's current condition is not related to his military service.

The Veteran's service-connected postoperative residuals of a duodenal ulcer with gastrojejunostomy and gastrointestinal psychophysiological reaction are currently evaluated as 60 percent disabling. The Board finds that the current evaluation adequately reflects the severity of his disability.

The Veteran's onychomycosis of the feet has been rated as noncompensable, but is now granted a 10% rating due to intermittent systemic therapy for less than six weeks in a 12-month period.

The Board found that new and material evidence had not been received to reopen the Veteran's claim of service connection for a low back disability, resulting in a denial.

The Veteran's shrapnel wound residuals have been productive of complaints of intermittent muscle bulging and pain, but no more than a moderate residual injury to muscle group XIX. The Board has determined that the criteria for a rating in excess of 10 percent are not met.

The Board found no evidence of a current growth on the lungs and denied service connection for this condition. The Veteran's PTSD claim was also considered, but as there is no direct service connection established, the denial stands.

The Veteran's initial claim for a higher rating for his service-connected coccydynia was denied. The Veteran is already receiving the maximum disability rating available under DC 5298, which pertains to removal of the coccyx. His TDIU claim was also denied as he is not shown to be unable to secure or follow a gainful occupation due to his service-connected disabilities.

The Board denied the Veteran's claim, finding that he was a fugitive felon from May 18, 1999 to April 14, 2004 and thus ineligible for VA benefits during this period.

The Veteran's appeal is being remanded for additional development, including a VA neurological examination to assess any potential neurologic component of his service-connected fractures.

The Veteran's service-connected right hip disability, characterized by early degenerative joint disease and chronic trochanteric bursitis, does not meet the criteria for a rating in excess of 20 percent.

The Veteran seeks service connection for anemia, to include as secondary to his service-connected coronary artery disease. The Board has decided that the claim should be remanded to obtain a proper examination and opinion regarding whether the anemia is caused or aggravated by the service-connected coronary artery disease.

The Board found that there was no evidence of a factually ascertainable increase in the Veteran's service-connected status post fracture of the mandible with temporomandibular joint dysfunction within one year prior to his September 8, 2005 claim for an increased evaluation. Therefore, it denied an earlier effective date.

The Board has determined that the Veteran's right foot arthritis was incurred in active service and grants service connection for this condition.

The Board has remanded the case for further development, including a VA examination and additional evidence collection. The Veteran's claim for service connection for oral and genital herpes is being considered, as well as his request for an increased rating for tinea pedis.

The Board has determined that the appellant is entitled to recognition as the surviving spouse of the Veteran for purposes of VA death benefits, given her continuous cohabitation with him prior to his death and the presence of three children born during their marriage.

The Board found that the Veteran's acute myelomonocytic leukemia was not incurred in or aggravated by service, nor may it be presumed to have been incurred therein. The evidence did not support a finding of radiation exposure during service.

The Veteran's claim for compensation under the provisions of 38 U.S.C.A. § 1151 is being remanded due to the need for additional development, including obtaining private medical records and VA treatment records.

The Board has determined that the earliest document in the claims folder which may be accepted as a claim for service connection for breast cancer is the October 26, 2005 claim. The effective date of November 8, 2006 and no earlier, for the grant of service connection for breast cancer is granted.