Other conditions decisions — 2010

The Veteran's appeal is for an initial disability rating in excess of 20 percent for L5 spondylosis from October 3, 2000. The Board has granted a 20 percent rating effective from October 3, 2000.

The Board denied the claim for an earlier effective date for the grant of service connection for PTSD, finding that March 17, 2004 is the correct date.

The Board found no evidence of a pre-existing gynecological condition and concluded that any current gynecological problems are not related to service. The Veteran's claims for leg edema and hypertension were also denied.

The Board found that the termination of VA compensation benefits based on the Veteran's status as a fugitive felon was proper under applicable law.

The Veteran's left shoulder condition, characterized by full range of motion with occasional pain and difficulty lifting, meets the criteria for a higher 10 percent disability rating.

The Board denied service connection for colon cancer and its residuals, as well as the Veteran's claim for a left eye disability. The evidence did not support a direct or secondary relationship to service.

The Veteran's left foot disability, characterized by fractures of the toes and metatarsalgia, does not warrant a rating higher than 10 percent under applicable diagnostic codes.

The Veteran's claim for service connection for bilateral basal laminar disease of the eyes is being remanded due to incomplete records and need for further examination.

The Board has remanded the case for additional development, including obtaining medical records and scheduling a VA examination.

The Veteran's residuals of a right middle lobe lung resection are productive of pulmonary function tests showing FEV-1 of 71-80 percent predicted, warranting a 10% rating.

The Veteran's dermatophytosis covers only 6-7% of his entire body and does not involve an exposed area. The evidence does not show the use of intermittent systemic therapy such as corticosteroids or other immunosuppressive drugs during the past 12 months, which is required for a higher rating.

The Veteran's degenerative joint disease of the left foot is rated at a 10 percent disability rating, which reflects moderate impairment.

The Veteran's service-connected dyshidrosis of the hands and feet does not affect at least 5 percent of his entire body or exposed areas, and no more than topical therapy was required during any period under review. Therefore, the claim for an increased rating is denied.

The Board has granted service connection for the Veteran's thrombocytosis with myeloproliferative disease, finding that it is related to exposure to chemical and biological weapons during active military service.

The Veteran's surviving spouse filed a claim for accrued benefits, but the appeal is denied as it was not timely filed and she does not have standing to file this claim.

The Board has determined that the Veteran does not have any respiratory or middle ear disorders resulting from service and therefore, his claims for these conditions are denied.

The Veteran was awarded a permanent and total disability rating for a service-connected condition in July 1998. The appellant, who is the Veteran's daughter, filed an application for Dependents' Educational Assistance benefits under Chapter 35 of Title 38 U.S.C.A., but she did not meet the age requirement to be eligible due to her reaching the age of 26 before the effective date of the permanent and total disability rating. As a result, the appeal is denied.

The Veteran's claim for an increased evaluation for his service-connected spinal stenosis, L2-3 is being remanded due to the need for a more recent examination and review of medical records.

The Board has reopened the claim for service connection for PTSD and granted it, finding new and material evidence to support the claim.

The Board has determined that the Veteran's claimed bilateral foot condition, including as residuals of a cold injury during service, is less likely related to his military service and denied service connection.