Other conditions decisions — 2010

The Board has determined that the submitted evidence does not meet the criteria for reopening the appellant's claim seeking recognition as a child of the Veteran, and thus the claim remains denied.

The Board has remanded the case for additional development, including obtaining VA treatment records and scheduling a VA examination. The Veteran's claims for service connection for thumb and elbow disabilities are pending, as is his claim for TDIU.

The Veteran's claim for a rating in excess of 60 percent for Crohn's colitis was denied, as the evidence did not support a higher evaluation based on severe symptoms with numerous attacks and malnutrition. The issue of entitlement to TDIU is addressed in the Remand portion.

The Veteran's partial superficial radial nerve palsy of the right index finger is characterized by pain and numbness, but no limitation of motion or loss of strength of the right hand, resulting in mild impairment. The criteria for an initial rating of 20 percent are met.

The Board has determined that a remand is necessary to obtain additional medical records and to schedule the Veteran for VA examinations to determine if he has current neck and skin conditions, including acne or 'splotches' on his face and left ear. The claims will be re-adjudicated after these actions.

The Board has determined that there is no competent medical evidence or opinion suggesting a medical nexus between the Veteran's left ovarian cyst and her active duty service. As such, the claim for service connection for a gynecological condition was denied.

The Board finds that the appellant's active duty military service concluded with a bad conduct discharge by reason of a general court-martial, and thus his character of discharge is a bar to VA benefits.

The Veteran's diverticulitis with removal of the sigmoid colon has not been shown to meet or approximate the criteria for a rating in excess of 10 percent.

The Board has determined that the Veteran's pre-existing bilateral papilloma disorder was aggravated during his active service, and thus grants service connection for this condition.

The Veteran's sleep disturbance disability is considered part of his service-connected PTSD. There is no separate disability for which he can be granted service connection.

The Board found that the Veteran's death was not caused by a service-connected disability or one presumed to be incurred during military service. The cause of death, cerebral hemorrhage due to probable blood dyscrasia, is not related to his military service.

The Veteran's appeal is being remanded for an in-person hearing at the Denver RO to address his claim of entitlement to a higher initial rating for residuals of fracture of the distal right humerus.

The Board denied service connection for spondylolisthesis and spondylolysis, as the evidence did not show an increase in severity during service. The Veteran's neck disability and lumbar disc disease were also denied due to lack of a nexus to service.

The Veteran's left arm disorder is being remanded for further development, including a VA examination to determine the etiology of his current condition and whether it is related to service.

The Veteran's left knee disability, characterized by degenerative changes and a history of meniscectomy, is rated at 20% for the current condition. The effective date is not specified.

The Board has found that the appellant had forfeited her rights to VA benefits due to knowingly providing false and fraudulent evidence. The case is being remanded for further action.

The Veteran's claims for sores of the legs and right foot, as well as secondary service connection for a jaw disorder due to his service-connected diabetes mellitus, have been denied. The Veteran's claim for an increased rating for diabetes mellitus is not addressed in this decision.

The Veteran's service-connected stress fracture, right tibial plateau has been productive of no more than slight impairment of the knee. As a result, an increased rating is not warranted.

The Board has remanded the case due to an ongoing family dispute regarding the Veteran and the appellant's marriage status. The appellant must provide clarification on whether they were divorced or not.

The Veteran's residuals of a crush injury of the right hand are not productive of any significant functional impairment; extension of the fingers is not limited by 30 degrees or more, and there are no gaps between the fingertips and the proximal transverse crease of the palm. The criteria for a compensable rating have not been met.