Other conditions decisions — 2006

The veteran's claim for a higher rating for residuals of larynx cancer is denied as the condition has been in complete remission with no evidence of recurrence or chronic impairment.

The VA determined that the veteran's current diagnosed degenerative joint disease is not related to his service, and thus denied his claim for service connection.

The Board has determined that the veteran's lung disorder, characterized as left sided pulmonary effusion, was not incurred in or aggravated by active service.

The Board has determined that the veteran's cardiac disability did not originate in service and is not related to any incident of service, including his reported heart attack in 1960. The claim for service connection for cardiac disability is denied.

The veteran's decreased left eye vision is not shown to be the result of VA negligence, carelessness, or fault in providing medical care. The additional disability resulted from known and foreseeable complications of cataract surgery.

The Board found no evidence of a current disability or relationship between the claimed symptoms and service, leading to a denial of the claim for service connection.

The Board has determined that the appellant had a valid common-law marriage with the veteran, warranting recognition as his surviving spouse for VA purposes.

The Board granted a 60 percent rating for the veteran's service-connected status post L4-L5 diskectomy and facetectomy, spinal fusion from June 1, 1999 to December 8, 2003, and effective February 1, 2004. A separate compensable rating of 10 percent was assigned for a tender painful scar of the lumbar spine. The appeal regarding service connection for diverticulosis was dismissed due to untimely filing of the VA-Form 9 substantive appeal.

The Board found that the veteran's laryngeal cancer is not related to service, including exposure to asbestos. The preponderance of evidence indicates no in-service disease or injury and no relationship between current condition and service.

The Board found no evidence to support a service connection for the veteran's bilateral TMJ disorder or left ear pain, and thus denied both claims.

The veteran's claims for increased ratings are being remanded due to the need for additional examinations and consideration of new medical records.

The VA medical records do not support a finding that the veteran's Alzheimer's disease resulted from or was made worse by the February 2000 prostate surgery. The Board finds that the evidence does not establish that the disability was proximately caused by fault on the part of VA in furnishing care, nor did it result from an event not reasonably foreseeable.

The VA denied the veteran's claim for service connection for lung and breathing problems, finding no medical evidence linking these conditions to his time in service or exposure to herbicides.

The Board denied the veteran's claim for nonservice-connected pension benefits due to his income exceeding the maximum annual pension rate.

The Board denied compensation benefits for residuals of hernia repair as a result of VA medical or surgical treatment, finding that the veteran's current disabilities were not caused by VA carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault.

The Board has determined that the submitted evidence is not new and material to reopen the finally decided claim of entitlement to service connection for a skin rash due to Agent Orange exposure.

The veteran has withdrawn his claim for an increased initial rating for acromioclavicular separation of the left shoulder, and thus the appeal is dismissed.

The Board has determined that the veteran is unable to obtain and sustain gainful employment due to his service-connected bilateral hip disabilities, and therefore grants entitlement to TDIU.

The VA has determined that the veteran's disability does not warrant a higher rating based on the current evidence of record. The condition is manifested by pain and limitation of motion, but without cord involvement or other disabling symptoms.

The veteran's claim for a higher rating for his right shoulder condition is being remanded due to the need for additional examination and evidence.