Other conditions decisions — 2011

The Veteran's initial compensable disability rating for his dental injury from October 27, 1997 to the present is granted at a maximum of 40 percent.

The Veteran's claims for increased disability ratings for his right hip and knee disabilities were denied. The denial of Vocational Rehabilitation benefits under Title 38, Chapter 31 was not addressed in the decision.

The Board found no evidence of a current pulmonary disability or any other qualifying chronic disability that became manifest during service in the Southwest Asia theater. The Veteran's claimed conditions are not presumed due to his service.

The Board has remanded the case due to additional evidence submitted by the appellant's representative, and it is not yet ready for a decision.

The appeal has been dismissed due to the appellant's death, and thus there is no jurisdiction for the Board to adjudicate the merits of this claim.

The Veteran's claim for service connection for bilateral proptosis has been granted, but the appeal is dismissed as there is no longer a justiciable issue.

The Veteran's claims for service connection for a left calf disability and an initial compensable rating for a severed small peripheral nerve of the left foot in the L5 dermatome, as well as a higher than 10 percent rating before April 29, 2010, and a rating higher than 10 percent from that date for residuals of a left foot stress fracture, were all denied.

The Veteran's claim for increased ratings for prostatitis is being remanded due to the need to schedule a Travel Board hearing.

The Board has ordered a remand to obtain additional evidence and conduct further development of the Veteran's claim for service connection for residuals of a right hip injury.

The Veteran's service-connected right inguinal hernia post-surgery pain has been rated at 10 percent since July 14, 2004.,The Veteran's service-connected status post right ilio-inguinal nerve stimulator implantation for ongoing ilio-inguinal neuralgia associated with right inguinal hernia status post surgery has also been rated at 10 percent since July 14, 2004.

The Board finds that the Veteran's chronic skin tumors and lipomatous growths are not related to service, including presumed exposure to Agent Orange. The claim is denied.

The Veteran's claim for an increased evaluation for degenerative joint disease of the right elbow was denied, as his current disability does not meet or approximate the criteria for a higher rating under Diagnostic Code 5213.

The Board has determined that the Veteran's current bilateral shoulder degenerative joint disease is not related to his in-service shoulder pain and does not meet the criteria for service connection on a direct or presumptive basis.

The appeal has been dismissed as the appellant withdrew their appeal prior to a decision being made.

The Board has remanded the issue of service connection for leg spasms (also claimed as bilateral leg weakness) to the RO for further action. The Veteran's claim is being reviewed due to new evidence submitted since the last denial.

The appellant claims payment of accrued benefits in excess of $7,150 based on the veteran's widow's entitlement to special monthly pension (SMP). The Board denied this claim as there was no evidence that the widow had unpaid SMP prior to her death.

The Board denied an increased rating for the Veteran's left wrist fracture with degenerative joint disease and declined to reopen his claim for service connection for a bilateral shoulder condition.

The Board found that the Veteran's death was not caused by, or substantially or materially contributed to by, an injury or disease incurred in or aggravated by active military service. The cause of death listed on his death certificate (malignant brain tumor) is not associated with herbicide exposure and there is no evidence linking it to service.

The appellant seeks benefits for spina bifida under 38 U.S.C.A. § 1805 as a child of her father, who served in Vietnam. The claim is remanded due to the need for clarification on whether she has any form of spina bifida other than spina bifida occulta.

The Veteran's service-connected history of silent myocardial infarction has resulted in left ventricle dilatation, but not to the extent that it results in dyspnea, fatigue, angina, dizziness, or syncope under a workload greater than 3 METs but not greater than 5 METs. The Veteran's ejection fraction is currently at 70%, which does not meet the criteria for a higher rating.