Other conditions decisions — 2011

The VA denied a rating in excess of 20 percent for the Veteran's service-connected thoracic spine disorder, finding that the disability did not meet criteria for higher ratings based on ankylosis, severe intervertebral disc syndrome with intermittent relief, vertebral fracture, demonstrable deformity of a vertebral body, flexion limited to 30 degrees or less, or incapacitating episodes.

The Board has determined that the Veteran's anemia clearly and unmistakably existed prior to service and did not increase in severity during service. Therefore, service connection for anemia is denied.

The Board denied the Veteran's petition to reopen his claim of service connection for a left hip disorder, finding that new and material evidence had not been submitted.

The Veteran's appeal has been dismissed due to his death during the pendency of the appeal.

The Veteran's service-connected hyperkeratosis of both feet is rated at a 10% evaluation, reflecting localized or episodic cutaneous involvement with intermittent systemic medication required for less than six weeks during the past 12-month period.

The Board has remanded the case for further development and readjudication due to a lack of evidence in the claims file, including the February 2005 rating decision granting nonservice-connected pension benefits.

The Veteran's varicose veins and associated ulcers in the right lower extremity are currently rated at 40% under Diagnostic Code 7120. The evidence shows persistent edema, subcutaneous induration, stasis pigmentation or eczema, and persistent ulceration warranting a higher rating of 60%. This decision grants an increased evaluation to 60%.

The Veteran's essential tremors of the hands were found to be incurred during his active military service, and the Board granted service connection for this condition.

The Veteran's initial claim for higher ratings for his service-connected bilateral knee disabilities was denied. The right knee disability, which had been rated as noncompensable prior to April 10, 2010, and now rated at 10 percent, did not meet the criteria for a higher evaluation.

The Veteran's cold injury residuals do not preclude him from obtaining substantially gainful employment.

The Veteran's claim for higher ratings for right patellofemoral syndrome based on instability has been denied. The Board found that the evidence did not support a compensable rating prior to May 8, 2008 or any rating in excess of 20 percent from that date.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and providing the Veteran with VCAA notice.

The Board finds that the Veteran's bilateral foot disorder, including pes planus and arthritis of each foot, is due to disease or injury incurred in active service. The appeal is granted.

The Veteran's cause of death, a bleeding duodenal ulcer, was not found to be related to his service or any other compensable condition.

The Board has granted service connection and assigned an initial 10 percent rating for the Veteran's left hand fracture, effective November 16, 2005.

The Board has determined that the Veteran's lung disability is at least as likely as not related to his exposure to missile fuel during service, and thus grants service connection for a lung disability.

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

The Board has decided to remand the case for further development and readjudication, including determining whether the Veteran's income after 2000 exceeded the maximum allowable limit for pension benefits.

The Board has determined that the Veteran's neurogenic bowel and loss of control of bowel are proximately due to or the result of his service-connected fusion, involving the thoracic spine, residuals of fracture dislocation, T10, 11, 12.

The Board denied the appellant's claim for DIC benefits as her husband had a discharge under conditions other than honorable, which barred him from VA benefits and consequently made her ineligible for surviving spouse benefits.