Other conditions decisions — 2009

The Veteran's claim for an initial evaluation in excess of 20 percent for service-connected residuals, fracture of base of odontoid process was denied. The effective date for the grant of service connection for this condition was also denied as not earlier than March 14, 2001.

The Veteran's claim for a higher rating for his service-connected left leg injury, status post-left leg skin graft (Muscle Group XI), was denied as the disability does not more closely resemble that of an amputation.

The Veteran's right wrist disability, characterized by some limitation of motion, pain on motion, and the need for a brace or splint, is currently evaluated as 10 percent disabling. The evidence does not show ankylosis between 20 degrees and 30 degrees of dorsiflexion, which would warrant a higher rating under the applicable criteria.

The Board found that the Veteran's skin disorder, diagnosed as onychomycosis, is not related to his service and denied his claim for service connection.

The Board has determined that the Veteran's current low back disability, including scoliosis, arthritis, and stenosis, is related to his service. The evidence shows that he had a pre-existing scoliosis in service which developed into arthritis and stenosis later on. Service connection for these conditions is granted.

The Board found that the Veteran's service did not qualify for nonservice-connected death pension benefits due to lack of basic eligibility.

The Board denied the Veteran's claims for service connection for uterine fibroids and a right knee disability. The decision found no nexus between the Veteran's current condition and her service.

The Board determined that the Veteran's pre-existing right hip/leg disorder did not increase in severity during service and was not aggravated by active duty, thus denying his claim for service connection.

The Board found that the Veteran's right hemicolectomy was not related to his service-connected gastrointestinal conditions and denied his claim for service connection.

The Veteran's claims for increased ratings were granted, with a 10 percent rating assigned for diarrhea and constipation due to an undiagnosed illness and no compensable rating assigned for dermatitis.

The Veteran has withdrawn his appeal regarding the issues of service connection for a gastrointestinal disability, to include hiatal hernia, peptic ulcer disease, and chronic gastritis, claimed as bleeding ulcers, and for entitlement to an initial evaluation in excess of 50 percent for PTSD.

The Veteran's service-connected right elbow disabilities have been granted and rated at 10 percent each, effective February 25, 2004.

The Board has determined that the Veteran's claimed disabilities, including residuals of a back injury, hematuria, bilateral knee disorder, head trauma, tinnitus, and headaches, were not incurred or aggravated by active service. The evidence does not support a finding of direct service connection for these conditions.

The Veteran's initial compensable disability ratings for onychomycosis of the feet and fungus of the fingernails are being remanded due to a lack of recent VA examination, which may affect the current severity assessment.

The Board denied the appellant's request to reopen her claim of service connection for the cause of the Veteran's death, finding that new and material evidence had not been presented.