Other conditions decisions — 2010

The Board has reopened the appellant's claim for section 1151 compensation benefits for the cause of the Veteran's death, and is now considering it on its merits.

The Veteran's service-connected residuals of a left calf injury impacting Muscle Group XI have been evaluated at 10 percent since January 1947. The current manifestations do not meet the criteria for a higher evaluation as they are consistent with moderate muscle impairment.

The Board denied the appellant's claim for an earlier effective date for reinstated DIC benefits, finding that she is not entitled to such a date under the old law due to her second marriage being terminated by legal proceedings commenced prior to November 1990.

The Board has remanded the case for further development due to incomplete records from VAMC Dallas. The Veteran's claim for service connection for residuals of a right eye injury remains pending.

The Board has determined that the Veteran's current skin disorder is reasonably related to his active service and grants the claim for service connection.

The Veteran's claims for increased disability rating and TDIU due to dysthymic disorder are being remanded for additional development, including a new VA examination.

The Board found that the Veteran's pre-existing left eye condition did not increase in disability during service beyond its natural progression, and thus denied his claim for service connection.

The Board finds that the Veteran's current diagnosed eye disability, including glaucoma and blindness, is not related to service. The evidence does not support a finding of secondary service connection due to diabetes.

The Veteran's low back disability was not incurred in or aggravated by his active service, and the Board finds that he does not have a current esophageal spasm with chest pain related to his military service.

The Veteran is seeking service connection for an old fracture of the right tibia with deformity. The Board has determined that additional development, including obtaining medical records and opinions, is necessary before a decision can be made.

The Veteran's claim for retroactive induction into a vocational rehabilitation training program under Chapter 31 of Title 38 was denied as the criteria were not met. The Board found that the Veteran did not meet the legal requirements for retroactive benefits due to the period of extended evaluation required before determining feasibility.

The Veteran's claims for increased ratings for his service-connected left femur and patella disabilities have been denied. The Veteran is currently rated at 20 percent for the left femur disability, effective May 8, 2007.

The Veteran's claims for increased ratings and service connection were denied. The decision did not address the reopening of a claim for right intratesticular semiinoma, status post right orchiectomy (claimed as soft tissue sarcoma).

The Board denied the Veteran's claim for a compensable rating for post-operative residuals of a left inguinal herniorrhaphy, finding that there is no objective indication of recurrent left inguinal hernias and noting mild but clinically insignificant parasthesias and neuralgias in his left testicle and inguinal scar.

The Board has determined that the Veteran's neurocardiogenic syncope is manifested by no more than two minor seizures in the last six months, and therefore does not warrant a rating higher than the currently assigned 20 percent disability rating.

The Board has denied the Veteran's claim to reopen his service connection for chronic airway obstruction, finding that new and material evidence was not presented since the July 2003 rating decision.

The Board has determined that the Veteran's sebaceous cysts of the head were incurred during his period of active duty for training (ACDUTRA) in July 2001 and have been continuously symptomatic since then, granting service connection.

The Veteran's claim for an increased rating for narcolepsy is being remanded due to procedural issues, including the need for a Statement of the Case and consideration of TDIU.

The Board determined that the appellant was not the Veteran's surviving spouse for VA benefit purposes and denied her claim.

The VA denied the appellant's claim for compensation under 38 U.S.C.A. § 1151 due to lack of evidence showing that his chronic diarrhea was caused by carelessness, negligence, or similar fault on the part of VA medical providers.