Other conditions decisions — 2013

The Board has remanded the Veteran's claim of entitlement to service connection for shingles due to a need for further examination and development.

The Board has dismissed the appeal due to the death of the appellant, and no jurisdiction remains for adjudicating the merits of this claim.

The Veteran's service-connected degenerative changes of the thoracic spine have been rated at 10 percent since October 1, 2005. The current evaluation is appropriate given the limitation of flexion to 60 degrees and no other significant findings.

The Board has determined that the Veteran does not have a current disability of the left little finger for which service connection can be granted, and his right knee chondromalacia is not compensable.

The Veteran's gastrointestinal residuals of histiocytic lymphoma have not met the criteria for an initial evaluation in excess of 20 percent. His pulmonary emboli, chronic venous insufficiency, and residual scars do not meet the criteria for increased evaluations.

The Veteran's claims for service connection for insomnia and a stomach disability have been denied as they are not distinct disabilities or directly related to his service, with the exception of insomnia being secondary to PTSD. The Veteran's stomach issues were noted during service but did not result in any diagnosed condition.

The Veteran's bilateral eye disabilities, including age-related macular degeneration, cataracts, vitreous degeneration/floaters, and peripheral pigmentary degeneration (PPD), are not considered to be service-connected as they are diseases of aging. The Veteran's refractive error is developmental in nature.

The Veteran's claim for an increased rating for residuals of a compression fracture of L-1 was denied. Separate ratings were granted for radiculitis and bladder impairment, but the overall disability evaluation remains at 50 percent.

The Veteran does not have current cold injury residuals of the hands, feet, toes, or joints that are related to service. The Board finds his symptoms more likely due to hypothyroidism.

The Board has denied the Veteran's claim for an initial compensable evaluation for residuals of a fractured nose with deviated nasal septum, finding that the evidence does not meet the criteria for such a rating.

The Veteran does not have a skin disability as a result of VA treatment and the Board finds that there is no evidence to support compensation under 38 U.S.C.A. § 1151 for an additional skin disability.

The Veteran died of an intracranial hemorrhage due to non-service-connected conditions. The criteria for DIC under 38 U.S.C.A. § 1318 were not met as the service-connected disability did not meet the required duration of total disability.

The Veteran's dysthymic disorder is currently rated at 10 percent, and the Board finds that a higher initial rating of 30 percent is warranted.

The Board has determined that the appellant's claim for service connection for a left eye disability, to include herpes complex virus, cannot be granted as there is no evidence showing that his condition began during or was related to his period of active duty for training (ACDUTRA).

The Veteran's claim for an increased disability rating for optic atrophy of the left eye was denied as his visual acuity in the right eye is sufficient to warrant a 30 percent rating, and there are no other issues or conditions involved.

The Board denied the Veteran's claim for an earlier effective date for additional compensation based on his dependent child, I. S., finding that the earliest notice of the existence of the child was October 15, 2009.

The Board has determined that the earliest effective date for service connection of malaria is August 25, 2009.

The Veteran's claim to add his spouse and stepchildren as dependents for additional compensation purposes was received on February 22, 2010. The effective date of the award is March 1, 2010, which is the first day of the month following the receipt of the claim. An earlier effective date is denied.

The Veteran's dysthymic disorder with social phobia is related to his active service, and the Board finds that he meets the criteria for service connection.

The Board has determined that the appellant is not a veteran and therefore, ineligible for one-time payment from the Filipino Veterans Equity Compensation Fund.