Other conditions decisions — 2012

The Board denied the Veteran's request for a rating in excess of 20 percent for his service-connected pleural cavity injury, residual of gunshot wound to the right lung. The decision was based on the evidence at that time and did not find clear and unmistakable error.

The Board denied the Veteran's claim of entitlement to service connection for a bilateral foot disorder, other than hammertoes, finding that her current conditions were not incurred or aggravated by military service.

The Veteran's appeal is denied as his service-connected scar does not meet the criteria for an evaluation in excess of 10 percent.

The Board granted an increased rating of 20 percent for the Veteran's residuals of right Achilles tendon repair, effective from June 27, 2011.

The Board denied the Veteran's claim for service connection for a skin disorder, finding no evidence of current disability related to his active duty service or exposure to herbicides. The claim was not granted as there is no direct service connection and no presumption of service connection due to herbicide exposure.

The Board denied the Veteran's claim for an initial rating in excess of 10 percent for arthritis of the right hip, finding that additional development was needed to consider evidence from a 2006 right hip replacement surgery.

The Veteran's appeal involves multiple issues related to his service-connected shell fragment wounds of the left lower leg and foot. The Board has remanded for further development, including consideration of scars under prior and subsequent rating criteria, as well as issuance of a statement of the case on higher disability evaluations for left and right thigh shell fragment wounds.

The Board found that the Veteran's cardiac disability, diagnosed as hypertrophic cardiomyopathy and left ventricular hypertrophy, was not incurred or aggravated due to active service. The disability is considered a direct result of his Reserve service.

The Veteran's claims for increased ratings and TDIU were denied as his service-connected residuals of a fracture of the right fourth metacarpal did not meet the criteria for an increased rating or TDIU.

The Veteran does not have a current disability of an inguinal hernia, status post surgical repair. The Board finds that the weight of the evidence does not establish the existence of a current chronic disability involving an inguinal hernia, status post repair.

The Board has remanded the case for further development due to a lack of clear and unmistakable evidence regarding whether the Veteran's tremor disorder existed prior to service and was not aggravated by service.

The Veteran's congestive heart failure is currently rated at 10 percent, the minimum non-compensable rating. The Board finds that this rating adequately reflects the severity and symptomatology of his condition.

The Veteran's paraplegia below the waist is being remanded for further development and consideration.

The Veteran's claim for education benefits was denied as he did not meet the eligibility criteria under any of the programs addressed, including Chapter 30 (Montgomery GI Bill), Chapter 32 (Veterans Educational Assistance Program (VEAP)), and Chapter 34 conversion (Post-Vietnam Era Educational Assistance Program).

The Board has determined that the Veteran's throat disability, including partial paralysis/montgomery implant/loss of voice/goiter and vocal cord, was not incurred in or aggravated by active service.

The Veteran's service-connected left hand disability is currently evaluated at 10 percent, but the Board finds that it does not meet the criteria for a higher rating.

The Veteran's claim for service connection for PVCs was reopened and granted effective January 17, 2008.

The Board found that the Veteran's tooth loss and abscesses were not caused by VA carelessness, negligence, or similar instance of fault. The medications prescribed for his hypertension are not considered to be a proximate cause.

The Veteran claims service connection for ulcerative colitis with ileostomy and hernias, which he alleges was incurred or aggravated while in active duty training. The Board finds that the claim should be remanded to determine if the Veteran's National Guard service during April-May 1981 constituted ACDUTRA rather than INACDUTRA.

The Veteran seeks service connection for residuals of malaria, including recurrent fever, chills, and night sweats. The Board has determined that a VA examination is needed to determine the current nature and etiology of any such disabilities.