Other conditions decisions — 2008

The Board has determined that the veteran's large cell carcinoma of the lung is likely related to in-service asbestos exposure and grants service connection for this condition.

The Board found that the veteran's schizoaffective disorder did not warrant a rating in excess of 50 percent prior to March 19, 2002.

The veteran's colon cancer was not present during service and is not related to his military service, including exposure to ionizing radiation. The Board has determined that the claim for service connection cannot be granted.

The Board denied the veteran's increased disability rating claims for his service-connected gastrointestinal and skin disorders.

The Board found that the veteran's muscle spasms were not incurred in service or caused by his service-connected sarcoidosis.

The Board found that the veteran was at fault for both overpayments, but granted a waiver of recovery due to the circumstances.

The veteran's appeal was denied for basic eligibility for Department of Veterans Affairs educational assistance under Chapters 30 and 32 of Title 38, United States Code due to lack of contributions to the programs.

The Board has reopened the veteran's claim for service connection due to new and material evidence. However, the claim was denied as there is no medical evidence showing a link between the current right foot disorder and his military service.

The Board found no current hip disorder and concluded that the veteran's claimed left hip disorder was not incurred in or aggravated by his military service.

The Board found that the veteran's neck disability was not incurred in or aggravated by service and arthritis may not be presumed to have been incurred therein. The claim of reopening the postoperative fibroma of the left breast claim was denied.

The Board found that the veteran's symptoms of gastroenteritis in 1970 did not constitute a chronic condition and thus, there was no continuity of symptomatology. The evidence does not support a finding that Crohn's Disease is related to service.

The Board has determined that the appellant is recognized as the surviving spouse of the veteran, given the evidence shows the separation was due to the veteran's actions without fault on the part of the appellant.

The Board has determined that the veteran's diverticulitis/diverticulosis was not incurred in or aggravated by service, and therefore denied his claim for service connection.

The Board found that the May 1982 rating decision denying service connection for a low back disability was not clearly and unmistakably erroneous. The veteran's congenital spondylolisthesis was determined to have existed prior to his entry into service and was not aggravated by his active service.

The Board has determined that the veteran's patellofemoral syndrome of the right knee is a chronic condition that was incurred during active service, and thus grants service connection for this disability.

The Board found that the veteran's current pulmonary disorder, to include emphysema, was not incurred during his military service and denied his claim for service connection.

The Board found no evidence of current spine, left foot, or right hand disorders and denied the veteran's claims for service connection.,There is insufficient medical evidence to establish a nexus between any diagnosed conditions and active duty service.

The Board found that the veteran's arthralgias, claimed as arthritis of multiple joints, were not incurred in service or due to a service-connected condition. The Board also determined that there was no evidence of aggravation by his service-connected epididymitis.

The Board has determined that an etiological opinion is necessary to decide whether the veteran's liver surgery is related to his active military service.

The veteran's service-connected residuals of a bunionectomy, left great toe are currently rated at 10 percent and the other hip conditions do not warrant higher ratings.