Other conditions decisions — 2010

The Board denied the appellant's claim for accrued benefits based on a pending claim of entitlement to a total disability rating due to individual unemployability (TDIU) effective earlier than April 16, 1992.

The Veteran's hiatal hernia, reflux esophagitis, and Barrett's esophagus have been rated at 10 percent since March 1997. The July 2009 VA examination report indicates that the Veteran has difficulty swallowing solid food due to an upper esophageal stricture, which warrants a 50 percent rating under Diagnostic Code 7203.

The Veteran's claim for an earlier effective date for loss of use of the left foot was denied as he is not entitled to such a date based on the evidence and regulations at that time.

The Veteran's service-connected residuals of a fracture of the right femur are currently rated at 10 percent, effective June 5, 2003. The claim for an increased rating remains pending.

The Veteran's service-connected left foot disorder, including calluses and hallux rigidus following surgery, is currently rated at 10 percent. The Board found that the current rating adequately reflects his disability.

The Board found that the Veteran's skin disorder, including a rash on his face, hands and feet, was not incurred in or aggravated by active service.

The Board has determined that new and material evidence has not been presented to reopen the claim of service connection for residuals of a left elbow fracture, as the additional evidence is either redundant or cumulative.

The Veteran's claim for service connection for cold injuries of the hands and feet was granted with an effective date of November 17, 1981.

The Board found no evidence of current left ear otitis media and denied the Veteran's claim for service connection.

The Board denied the Veteran's request to reopen his claim for service connection for gastrointestinal disability, finding that new and material evidence had not been received.

The Veteran's claim for service connection for back disability, including dextroscoliosis of the dorsal spine and short right leg, is being remanded due to the need for additional medical examination and consideration of new evidence.

The Board has decided to remand the case for additional development, including obtaining medical records and a VA audiological evaluation.

The Veteran's appeal is remanded for consideration of an extra-schedular evaluation and a new VA examination to assess the current severity of his right elbow disability.

The Veteran's Acute Myelogenous Leukemia (AML) was not incurred or aggravated during service and is not presumed to be related to herbicide exposure. The claim for service connection is denied.

The Board has determined that the Veteran does not have a current diagnosis of a right hip disorder or a cervical spine disorder related to her active duty service, and therefore denied both claims for service connection.

The Board has determined that the Appellant and Veteran were not married for more than one year before the Veteran's death, thus denying her entitlement to dependency and indemnity compensation benefits.

The Board denied the Veteran's claim for service connection for extraction of teeth, finding that new and material evidence had not been received to reopen his previous denial in July 1997. The Board also found that the Veteran did not meet the eligibility criteria for one-time treatment due to failure to file a timely application.

The Board denied the appellant's application to reopen her claim for death pension benefits as there was no new and material evidence presented, and her husband did not have qualifying service.

The Board is remanding the Veteran's claim for service connection for residuals of a neck injury (fracture) due to incomplete information and need for further development, including obtaining medical records and verifying his National Guard service.

The Veteran's appeal is being remanded for additional development of his service-connected neurological disabilities of the lower extremities.