Other conditions decisions — 2010

The Veteran is seeking service connection for a skin disorder of the feet, which he alleges began during his service in Panama. The VA has not obtained all relevant medical records from the Kansas City VA Medical Center to support this claim.

The Board finds that the Veteran did not sustain a shrapnel injury to his right hip during service and thus, does not meet the criteria for service connection.

The Board found that the Veteran's osteoporosis is not service-connected and denied his claim, concluding that there was no evidence linking it to his service or any medication used for his service-connected disabilities.

The Veteran's medical evidence does not show he is permanently bedridden or so helpless that he requires regular aid and attendance. The Board finds the Veteran does not meet the criteria for special monthly pension based on need for regular aid and attendance of another person.

The Veteran's left leg varicose veins cause some pain and discomfort, but do not involve persistent edema. Therefore, a rating higher than 10 percent is not warranted.

The Veteran's knee disorders, specifically chondromalacia patella and degenerative joint disease, have been rated at 10 percent for each knee since March 18, 2003.

The Veteran's appeal is being remanded due to his inability to attend the scheduled videoconference hearing. The case will be rescheduled for a new hearing.

The Veteran's right leg disability, including arthritis and pain after prolonged standing or walking, is currently rated at a 10 percent evaluation.

The Veteran's lumbar spine disability is rated at 20% and does not meet the criteria for a higher rating as forward flexion was not less than 45 degrees, there were no objective neurological manifestations associated with his service-connected lumbar spine disability, favorable ankylosis of the entire thoracolumbar spine was not shown, and there were no incapacitating episodes.

The Veteran's service-connected spondylolysis, L5-S1 is shown to be productive of an overall level of functional impairment that more nearly resembles that of forward flexion of the thoracolumbar spine limited to less than 60 degrees, but not more than 30 degrees. As a result, the Veteran's claim for an initial rating higher than 20 percent has been granted.

The Veteran is seeking compensation under 38 U.S.C.A. � 1151 for additional disabilities resulting from VA medical treatment in August 1996, including vertigo, cervical discogenic disease causing neural foramina narrowing, and sensorineural hearing loss in the left ear. The Board has ordered a remand to obtain a medical opinion regarding whether these conditions are at least as likely as not caused by carelessness, negligence, lack of proper skill, error in judgment, or similar instance on VA's part.

The Veteran's appeal is being remanded for additional development, including obtaining a medical opinion regarding the relationship between his service-connected disabilities and his claimed conditions.

The Veteran's claim for an increased rating for his shrapnel wound of the left hip with retained foreign body is being remanded due to a scheduling error in providing a personal hearing before a Veterans Law Judge at the Newark RO.

The Board has determined that the Veteran's age-related macular degeneration of the left eye is due to a disease or injury incurred in service, and grants service connection for this condition.

The Veteran's claim for service connection for squamous cell carcinoma of the tonsil with lymph node involvement, claimed as due to exposure to herbicides and DDT, is being remanded for additional development.

The Board denied service connection for left ear defective hearing in 1974 and again in 1977. The Veteran requested reopening of the claim in 2003, which was granted by the Board in May 2007 with an effective date of July 8, 2003.

The Veteran's disability, residuals of a fracture of the left scaphoid (minor), is currently rated at 10 percent and the Board finds that it does not meet the criteria for a higher rating.

The Board denied the appellant's claim for an earlier effective date for Dependents' Educational Assistance (DEA) benefits, finding that the earliest eligible date was December 10, 2007.

The Board denied the claim for an effective date prior to March 21, 2008 for the award of death pension benefits as the claim was received on that date.

The Veteran's marriage to the appellant did not meet the basic eligibility requirements for death benefits due to lack of a valid marriage prior to August [redacted], 2005.