Other conditions decisions — 2010

The Veteran's spouse, N.H., was awarded a monthly apportionment of $150.00 of the Veteran's VA compensation benefits effective September 1, 2005.

The Board has determined that the Veteran does not have a current sleep disorder and therefore cannot establish service connection for this condition.

The Veteran's herpes simplex is rated at a 10 percent disability rating, effective from August 26, 2003.

The Board has remanded the case to allow for scheduling a hearing before the Board, as the Veteran was not provided with a new date for his requested video conference hearing.

The Veteran's left ear fullness, lightheadedness, dizziness, and intolerance for medication and alcohol were not caused by the VA medical treatment in November 1994.

The Board found that the Veteran's non-Hodgkin's lymphoma was not incurred or aggravated during military service and could not be presumed to have been so incurred due to exposure to ionizing radiation. The claim is denied.

The Board has ordered a remand for the Veteran to be evaluated for his ulcer disorder and for VA to adjudicate whether he is unemployable due to service-connected disabilities. The evaluation should include opinions on the relationship between the Veteran's current ulcer condition, including leg ulcers, and his service-connected appendectomy with postoperative adhesions.

The Veteran's gastrointestinal disorder with anemia is found to be proximately due to his service-connected arthritis of the right thumb, and he is granted a 20 percent rating for this condition.

The Board has determined that the appellant does not have qualifying service for VA benefits and therefore cannot meet the basic eligibility requirements.

The Board has determined that any current right eye decreased visual acuity is not attributable to the Veteran's active service.

The Veteran's shell fragment wound in the left leg is rated at 10% due to painful, superficial scar. The skin disorder is not considered disabling enough for a compensable rating.

The Board has determined that the Veteran's service-connected left ear otomastoiditis does not meet the criteria for an initial compensable evaluation, as there is no evidence of suppuration or aural polyps. The current noncompensable rating remains in effect.

The Board finds that the Veteran's residuals of a perforated gastric ulcer, operated, are due to disability incurred during active military service. The criteria for a disability rating in excess of 50 percent for residuals of shell fragment wounds to Muscle Group XVII have not been met. The criteria for a separate compensable disability rating for residuals of a compound, complete, comminuted fracture of the neck of the right femur with degenerative changes have not been met.

The Veteran's service-connected residuals of a left forearm shrapnel wound are manifested by a one by one centimeter (cm) nontender mass in the subcutaneous tissue under the skin at the proximal ulnar aspect of the forearm below the olecranon, and are not manifested by any tenderness to palpation or any orthopedic disease, loss of motion, muscle damage, or strength. Any shoulder rotator cuff disease and carpal tunnel syndrome have not been linked by medical evidence to the shrapnel wound residuals.

The Veteran's claim for service connection for a skin rash of the bilateral legs was denied because there is no evidence of a current disability. The claim for an increased rating for compound fracture of the upper third, left fibula (Muscle Group XI) was also denied as his condition has been rated at its highest available level.

The Board has determined that the Veteran's congenital spondylolisthesis was permanently aggravated by his active service, and therefore grants service connection for this condition.

The Board has determined that the submitted evidence does not establish that B.S. was permanently incapable of self-support prior to age 18, and thus the claim for recognition as a child based on permanent incapacity is denied.

The Board found new and material evidence to reopen the claim for service connection for venereal disease with ED, but denied it on the merits due to lack of a current diagnosis of VD and no medical nexus linking ED to service.

The Board found that the June 2006 apportionment decision, which awarded an apportionment of the Veteran's VA compensation benefits to his then spouse, was not clearly and unmistakably erroneous. The appeal is denied.

The Board has remanded the case for further development on the claims of service connection for left and right leg disorders.