Other conditions Board decisions

The veteran's lung disease, specifically bullous emphysema and bronchiectasis, does not meet the criteria for a higher rating under applicable diagnostic codes.

The Board has remanded the case for additional development, including obtaining VA medical records and the veteran's autopsy report. The appeal is not about service connection but rather whether new evidence was received to reopen a previously denied claim.

The Board has reopened the claims for service connection for pinched nerve and lower extremity paralysis, but denied the remaining claims due to lack of new and material evidence. The low back disability, right hip disability, and right shoulder disability are not considered service-connected.

The Board found that the cause of the veteran's death (aspiration pneumonia) was not related to his service-connected disabilities, including anatomical loss of the left eye and scars. The appellant argued that her husband's Alzheimer's disease caused by shrapnel from a gunshot wound in service contributed to his death, but there is no medical evidence supporting this claim.

The Board found no evidence of a current left leg muscle disability and denied the veteran's claim for service connection.

The Board denied the veteran's request for an effective date prior to October 10, 2003 for the award of non-service-connected pension benefits. The decision found that the award was proper and based on the facts found.

The VA Regional Office (RO) denied the veteran's request to reopen his claim for service connection for prostatitis, finding that no new and material evidence had been submitted since the 1982 final denial.

The veteran's postoperative pilonidal cyst with perianal abscess is currently rated at 30 percent, effective April 29, 2004. The RO denied an increased rating for this condition.

The VA denied a higher initial rating for left foot drop, finding that the veteran's symptoms do not meet or approximate the criteria for a higher disability rating.

The Board denied the veteran's claims for increased ratings for his right clavicle malunion and residuals of a fracture of the right femur, finding that the evidence did not support higher evaluations.

The veteran's death pension and accrued benefits claims are denied as the appellant did not file her claim within one year of his death.

The Board finds that the evidence shows bony abnormalities in the third and fourth fingers of the veteran's left hand in service and shortly after service. Therefore, the preponderance of the evidence is in favor of finding that the veteran's current left hand disorder is related to service, warranting service connection.

The Board has remanded the veteran's claim for service connection for defective hearing in the right ear due to incomplete medical records and a need for further examination.

The veteran's service-connected PTSD is currently rated at 50 percent, and the Board finds that it does not meet the criteria for a higher rating.

The Board has determined that additional development is needed to obtain relevant medical records and the veteran's Social Security Administration (SSA) disability determination documents. The case will be remanded for these actions.

The veteran's death was not service-connected, but the appellant seeks DIC under a provision that requires at least 10 years of total disability rating for service-connected conditions. The veteran did not meet this requirement.

The Board has remanded the case to the AOJ for compliance with instructions set forth in a Joint Motion for Remand, including issuing an SOC on the issue of an effective date prior to December 4, 2000 for a 30 percent disability rating for dermatophytosis.

The VA surgery in July 1996 did not cause the veteran's urinary incontinence, and there is no evidence of fault on the part of VA.

The Board has determined that the appellant may be recognized as the surviving spouse of the veteran for VA death benefit purposes, based on her status in an attempted common-law marriage with the veteran.

The Board has granted a combined rating of 30 percent for myositis ossificans with an osteochondroma of the right hip, and a separate 10 percent rating for limitation of adduction. The veteran's condition is currently manifested by limited thigh flexion.