Other conditions decisions — 2010

The Board found that the Veteran's pre-existing cicatrix of the right axilla did not permanently worsen during military service, and therefore denied his claim for service connection.

The Veteran's claim for an initial rating in excess of 10 percent for her service-connected epidural fibrosis, status post hemilaminectomy, foraminotomy, and partial pediculectomy at L5 is being remanded due to the need for a VA examination.

The Veteran's claim for service connection for gout was denied. The claims for increased ratings for PTSD prior to June 12, 2004 and for effective dates earlier than June 12, 2004 for TDIU and DEA eligibility were also denied. The Veteran's claim for special monthly compensation based on aid and attendance or housebound status was not addressed as it is considered a downstream issue.

The Board found that the Veteran's collapsed vertebra is not causally or etiologically related to military service and denied his claim.

The Board has remanded the case for additional development, including obtaining terminal records from Parkview Regional Hospital and possibly seeking a medical opinion. The claim will be reconsidered after these steps.

The Veteran's claim for compensation under 38 U.S.C.A. § 1151 was denied because the evidence did not show that his back disability resulted in an additional disability due to VA treatment or lack of adequate treatment.

The Veteran's claim for a compensable evaluation for his service-connected bilateral pterygium is being remanded due to the need for additional development, including a VA eye examination.

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

The Veteran's claimed residuals of a cold weather injury to both lower extremities were not incurred in or aggravated by service.

The Board denied the Veteran's claims for service connection for a corn on the left fifth toe and residuals of cold exposure, as there was no competent medical evidence linking these conditions to his military service. The claim for an initial compensable rating for bilateral tinea pedis was also denied due to the current disability not meeting the criteria for such a rating.

The Veteran's service-connected bilateral knee disabilities have been granted and rated at 10 percent, effective July 22, 2003. The appeal is resolved in the Veteran's favor for increased ratings and an earlier effective date.

The Veteran's service-connected status post fracture, 2nd metatarsal, left foot does not meet the criteria for a disability evaluation in excess of 10 percent. The Veteran's service-connected mycotic dystrophy of bilateral toenails does not comprise 20 percent or more of the entire body or exposed areas affected and does not require systemic therapy such as corticosteroids or other immunosuppressive drugs for a total duration of six weeks or more during the past 12-month period. As such, his increased rating claims are denied.

The Board has decided to remand the case due to insufficient evidence and a need for further development, including obtaining a medical opinion on the etiology of the Veteran's current eye disability.

The Board denied service connection for thrombosis of the left leg, hepatic hematoma, and residuals of chest wall and rib injury in March 1997. The Veteran's claims for these conditions have been reopened but not substantiated by new evidence.

The Veteran's vertigo, staggering gait and dizziness are rated at 100 percent under DC 6205 due to attacks of vertigo and cerebellar gait occurring more than once per week.

The Board has remanded the case for further evidentiary development due to unclear information about the type of Social Security benefits received by the Appellant.

The Board has decided to remand the case for further development, including obtaining medical records and a medical opinion regarding the Veteran's condition.

The Veteran died in May 2006 from aspiration pneumonia at a private medical facility. The Board found that the Veteran did not meet the criteria for nonservice-connected burial benefits as he was not discharged or released from active service due to a disability incurred in or aggravated by service, and his body was not being held by a state or national cemetery.

The Veteran's appeal involves a claim for an increased rating for his service-connected basal cell carcinoma and a new service connection claim. The case is being remanded to obtain additional development, including obtaining a VA examination.

The Board found that the Veteran's diplopia was not caused by VA carelessness, negligence, or lack of proper skill during his cataract surgeries. The event (retrobulbar anesthesia) was considered reasonably foreseeable.