Other conditions decisions — 2010

The Board found that the Veteran's panic disorder continued to produce total occupational impairment and severe social functioning impairment, thus not meeting the criteria for a reduction from 100% to 50%. The decision reinstated the original 100% rating.

The Board denied the Veteran's claims for service connection for arthritis and a lung condition (emphysema), finding no evidence of current disabilities related to service.

The Board has determined that new and material evidence has been received to reopen the claim of entitlement to compensation under 38 U.S.C.A. § 1151 for a skin disorder, and the Veteran is entitled to compensation as his skin disorder was caused by VA medical treatment.

The Board has determined that there is no current disability related to the Veteran's in-service fracture of the right fibula and denied service connection for this condition. The claim for residuals of a back injury was not fully adjudicated due to the need for additional development.

The Veteran's service-connected chronic otitis media of the left ear, status post left mastoidectomy times three, is rated at a noncompensable (zero percent) disability rating from December 19, 2005 to July 12, 2007. The Veteran was granted a 10 percent evaluation for this condition during this period. No compensable evaluation has been assigned for the right ear due to lack of suppuration or drainage as demonstrated in the most recent VA examination.

The Veteran's appeal is remanded due to the need for additional development, including obtaining Social Security Administration records and medical records.

The Veteran's appeal is being remanded for further development, including obtaining records from the Social Security Administration and readjudicating the issues on appeal.

The Board found that the evidence received since the February 2005 rating decision does not show or suggest that the Veteran has a bilateral thigh disability, and therefore it is not new and material to reopen the claim of service connection for a bilateral thigh disability.

The Veteran's claim for service connection for traumatic arthritis of the hips, feet, and legs is being remanded for further development. His SMC claim is also inextricably intertwined with his service connection claim.

The Veteran's claim for service connection for rectal cancer, including as secondary to asbestos exposure, is being remanded due to the need for further development regarding his exposure history and potential causal relationship.

The Board finds that the Veteran's multiple joint arthralgia is a chronic undiagnosed illness manifested during active military service in the Southwest Asia Theater of operations during the Persian Gulf War.

The Board has determined that the Appellant is entitled to a monthly pension of $49.24 per month from January 1, 2007, to December 31, 2007.

The Board has remanded the case due to new evidence received after a supplemental statement of the case was issued. The Veteran's claim for service connection for residuals of a back injury will be reviewed again.

The Board denied the Veteran's claim for an initial compensable rating for residuals of a right ring finger fracture, finding no basis to award such a rating based on the current evidence.

The Board has determined that the Veteran's gastroparesis is related to his service-connected diabetes mellitus and grants this claim.

The Board has remanded the case due to the need for the Guam Veterans Affairs Office (Territory of Guam) to review and submit a VA Form 646 on behalf of the appellant.

The Board has denied the reopening of a previously denied claim for service connection for the cause of the Veteran's death, finding that no new and material evidence was submitted.

The appellant is not legally entitled to VA death benefits as she does not meet the legal criteria for a child of a Veteran.

The appellant's claim for benefits under 38 U.S.C.A. § 1805 is denied as spina bifida occulta, which is specifically excluded from the list of disabilities eligible for compensation.

The Veteran's appeal is being remanded for additional development, including obtaining private treatment records and scheduling a VA examination to assess the current severity of his service-connected conversion disorder. The issue of TDIU will also be addressed.