Other conditions decisions — 2010

The Veteran's chronic adjustment disorder is rated at 50 percent prior to March 13, 2007 and at 70 percent beginning March 13, 2007. The Board has not determined whether the Veteran should receive a higher rating for either period.

The Board has granted the Veteran's claim for service connection for residuals of a left hand injury, finding that the scar on his left wrist/hand is due to an in-service injury.

The Board has determined that the Veteran's tendon rupture of the right distal biceps warrants an initial noncompensable rating, as his disability is manifested by painful motion and mild muscle deformity.

The Veteran's service-connected lumbar spine disability has not been manifested by ankylosis, forward flexion of the cervical or thoracolumbar spine to a limited degree, or incapacitating episodes requiring bed rest prescribed by a physician. The appeal is denied as his condition does not meet the criteria for a higher rating under any applicable diagnostic code.

The Board denied the Veteran's claims for service connection for arthritis of the neck, lower back and hands, as well as bronchial asthma. The evidence did not show that these conditions were incurred or aggravated by military service.

The Veteran's meralgia paresthetica of the left thigh is considered a qualifying additional disability due to VA medical treatment in April 1998, and the Board grants compensation under 38 U.S.C.A. § 1151.

The Board has determined that the Veteran's ulcerative colitis was not incurred in or aggravated by service and is unrelated to her pregnancy. Service connection for anemia is denied.

The Veteran's appeal for educational assistance benefits under Chapter 30, Title 38, United States Code, beyond January 20, 2005 is denied as he had a break in active service that reduced his eligibility period.

The Veteran withdrew his appeal regarding the issue of entitlement to service connection for perforation of the right eardrum.

The Board has denied the Veteran's claims for service connection for bilateral arm numbness and insomnia, finding that these conditions are manifestations of mitral valve prolapse, which already has been granted. The Board also found no current evidence of a separate disability for which service connection could be granted.

The Board finds that the Veteran's bilateral metatarsalgia is secondary to his service-connected bilateral knee and right hip disabilities, resulting in abnormal weightbearing and gait disturbances.

The August 2000 decision letter denied the appellant's application to reopen his claim for basic eligibility for VA benefits due to a lack of new and material evidence. The RO also found that he did not have qualifying service for VA benefits.

The Veteran died from pneumonia due to or as a consequence of astrocytoma. The Board found that the preponderance of evidence is against service connection for cause of death, attributing it to Agent Orange exposure during service.

The Veteran's service-connected herniated nucleus pulposus, L5-S1, is currently rated at 40 percent and the Board finds that a higher rating is not warranted.

The Board found that the Veteran's right bundle-branch block existed prior to service and was not aggravated during service. As a result, the claim for service connection for this condition is denied.

The Board denied the appellant's claim for recognition as the Veteran's surviving spouse, finding that she did not meet the legal requirements to be considered his spouse for VA purposes.

The Board denied the Appellant's claim for recognition as the Veteran's surviving spouse, finding that she did not meet the eligibility criteria for DIC benefits due to her marriage being less than a year before the Veteran's death.

The Board has denied the Veteran's claims for service connection for lung disorder, enlarged prostate, hand bruising and blood under the skin, left testicle disorder, and left foot disorder due to presumed exposure to Agent Orange. The evidence submitted since the last final denial does not provide a basis to reopen any of these claims.

The Veteran is found to be in need of regular aid and attendance due to his service-connected disabilities, which render him incapable of protecting himself from daily life hazards without assistance.

The Veteran's service connection claim for residuals of a right thigh contusion was denied as there is no evidence that the current disability is related to his in-service injury.