Other conditions decisions — 2011

The Board denied the Veteran's claim for service connection for an atrial septal defect status post surgical repair, finding that his congenital heart defect was not aggravated by military service.

The Board found that the Veteran's current left knee disability is not due to his in-service injury, and thus denied service connection for residuals of an injury to the left leg.

The Board found that the Veteran's residuals of a fractured right radius do not warrant an evaluation in excess of 10 percent, as his range of motion is within normal limits with no significant functional impairment. The painful scar on the forearm was separately rated.

The Board has determined that additional development is necessary prior to the adjudication of the claim, including obtaining a VA examination and updated treatment records.

The Board has determined that the Veteran's current diagnosed disequilibrium and dizziness did not begin during service or is otherwise related to his service-connected hearing loss and tinnitus, thus denying service connection for these conditions.

The Veteran's appeal has been withdrawn, and the case is dismissed.

The Board is remanding the case for further development, including obtaining a VA medical opinion to reconcile conflicting opinions and address whether the Veteran's service-connected disabilities caused or accelerated his death. The appellant also claims entitlement to DIC under 38 U.S.C.A. § 1318 due to CUE in a prior decision.

The Veteran's claim for service connection for a chronic skin disorder of the bilateral hands, arms and lower extremities as secondary to his service-connected dermatitis of the bilateral feet is remanded due to the need for a new VA examination. The increased evaluation claim for dermatitis of the bilateral feet is also impacted by this issue.

The Board denied service connection for arthralgia and arthritis, as well as a nervous system disorder, both claimed to be secondary to malaria. The claims were dismissed due to the Veteran's previously established service-connected condition of psychoneurosis.

The Veteran's right foot drop with numbness, pain, and swelling is not considered to be caused by VA carelessness, negligence, or similar instance. The Board finds that the preponderance of evidence does not support a finding of additional disability due to VA treatment.

The Board finds that service connection for a right foot injury is not warranted as there is no current disability and the evidence does not support an etiological link to service. Service connection for right epicondylitis was denied due to lack of current disability.

The Veteran's claim for a compensable disability rating for residuals of a gunshot wound to the left anterior chest was denied. The claims for service connection for bilateral hearing loss and tinnitus were also denied, but new and material evidence has been received to reopen these claims.

The Board has determined that the submitted evidence is not new and material, and therefore, the claim for service connection for hypertensive vascular disease cannot be reopened.

The Board denied the Veteran's claims for service connection for a right hand disability, gastroenteritis, fatigue, and short term memory loss. The decision found no evidence of current disabilities or new material evidence to reopen the gastroenteritis claim.

The Veteran's service-connected herniated disc, L3-L4, L5-S1, with bilateral facet arthritis, has not resulted in incapacitating episodes of intervertebral disc syndrome having a total duration of at least four weeks but less than six weeks during the previous 12 months; or forward flexion of the thoracolumbar spine 30 degrees or less; or favorable ankylosis of the entire thoracolumbar spine; or any associated objective neurologic abnormalities. As such, his claim for a rating in excess of 20 percent was denied.

The Board denied the Veteran's request for an increased rating for his dyshydrosis and did not accept his October 4, 2007 correspondence as a valid Notice of Disagreement (NOD).

The Board has determined that the appellant is not entitled to recognition as the surviving spouse of the Veteran for purposes of VA death benefits due to a separation from the Veteran, which was not caused by fault on the part of the appellant.

The Board has decided to remand the case for further development, including obtaining medical records and scheduling a VA examination.

The Board has determined that new and material evidence has not been presented to reopen the previously denied claim of service connection for cerebral vascular accident.

The Board has determined that the appellant meets the continuous cohabitation requirements for recognition as the Veteran's surviving spouse, thus granting her claim.