Other conditions decisions — 2008

The veteran's additional psychiatric and abdominal disability, claimed to have resulted from VA hospital care during his July 2000-2001 hospitalization, is not considered to be caused by VA negligence or fault.

The Board has granted a 50 percent evaluation for the veteran's stomach disability, effective from January 1, 2000. The current rating is the maximum allowed under Diagnostic Code 7301.

The Board finds that the veteran's current eye disability, lattice degeneration with atrophic retinal holes, was not incurred in or aggravated by active military service.

The veteran's minor child, S., is entitled to an increased apportionment of the veteran's VA disability compensation benefits totaling $75 per month.

The Board has determined that the veteran's service-connected neuralgia of the right and left arms do not meet or approximate the criteria for a compensable evaluation under the applicable rating criteria.

The Board has determined that the veteran's current right eye disability, including his detached retina and preexisting esotropia, is not related to his military service.

The Board has determined that the veteran does not have a current disability of urethritis and finds no evidence to support a connection between his service and any such condition. As such, the claim for service connection is denied.

The Board found that a current left foot disability, to include disability of the left great toe, was not incurred in or aggravated by active service and denied the claim.

The Board found that the veteran's service-connected duodenal ulcer, at its most severe, is manifested by recurring moderate symptoms such as pain before and after eating, nausea without vomiting, and anemia or weight loss. The criteria for a rating in excess of 20 percent have not been met.

The Board found that the reduction in the disability rating from 100% to 10% for partial left hemilaryngectomy, residual of squamous cell carcinoma of the larynx was proper. The veteran's service-connected residuals of laryngeal cancer have been recharacterized as a partial hemilaryngectomy and rated at 10%. The claimant does not meet the criteria for a rating in excess of 10%.

The Board found no evidence of ionizing radiation exposure during service and concluded that the veteran's urinary bladder cancer is not related to his military service.

The Board denied the appellant's claims for service connection for the cause of her husband's death and for burial benefits at an increased rate due to a service-connected cause of death. The Board found that there was no evidence establishing a nexus between the veteran's adenocarcinoma of the gastroesophageal junction and his military service, particularly given the limited exposure to Agent Orange he experienced.

The veteran is requesting a waiver of the recovery of an overpayment in compensation. The case has been remanded due to unclear dates of conviction and incarceration, as well as incomplete financial information.

The Board found that the veteran did not have residuals of a cold injury to his feet, and thus denied service connection for this condition. The issue of restoring a 10 percent rating for fungal infection of the feet was also addressed but is being remanded due to missing medical records.

The Board has determined that the veteran is not entitled to service connection for a dental disorder associated with tooth number 14 for compensation purposes, and therefore, he is also not entitled to service connection for jaw and sinus disorders as secondary to this disability.

The Board found that new and material evidence had been submitted to reopen the claim for service connection for residuals of a right ear disability, but denied the claim as there was no evidence showing the veteran's current hearing loss is related to his military service.

The Board finds that the veteran's pre-existing scoliosis was aggravated by his military service. The RO is directed to grant service connection for this condition.

The veteran's appeal has been withdrawn by the appellant, resulting in the dismissal of the case.

The Board denied the veteran's claims of service connection for Wilson's disease, Alzheimer's disease, degenerative joint disease, and diplopia. The evidence did not support a finding that these conditions were incurred or aggravated by military service.

The veteran's claim for an earlier effective date for a 20% disability rating for duodenal ulcer was denied by the RO. The veteran argued that he should have received this rating as of November 10, 2000, when he was released from active duty service, but the RO determined that the earliest possible effective date is November 22, 2004, which is the date his claim for increased benefits was received.