Other conditions decisions — 2008

The veteran's claim for service connection for non-small cell carcinoma of the lung with metastatic brain cancer was received on August 5, 2003. The Board found that no earlier effective date could be granted due to lack of a formal or informal claim prior to this date.

The Board found that the veteran's cause of death (pneumonia, cardiorespiratory arrest, and recurrent brain tumor) was not caused or aggravated by any service-connected condition. The in-service helicopter crash and shrapnel wounds were not substantiated, and there is no evidence linking these conditions to his current disabilities.

The Board has determined that new and material evidence has been submitted to reopen the veteran's claim for service connection for residuals of a left median nerve injury based on aggravation during service. The case is remanded for further development, including obtaining medical records from Portsmouth Naval Hospital and providing the veteran with an examination to determine if his pre-existing condition was aggravated by service.

The Board has reopened the claim of entitlement to service connection for a psychogenic gastrointestinal disorder and granted it. The claim for service connection of a bilateral eye disorder was not substantiated.

The Board found that the veteran's gastrointestinal problems were not incurred or aggravated by service and denied his claim for service connection.

The Board determined that the veteran's gastritis, duodenal diverticulum, and hiatal hernia did not meet or nearly approximate criteria for a higher initial evaluation prior to November 5, 2004, and from November 5, 2004 onwards. The disability was rated as 10 percent disabling.

The Board has determined that new and material evidence has not been received to reopen the veteran's claim for service connection for left ear otitis externa infection, which was previously denied in September 1983. As such, the claim remains final.

The Board has determined that the veteran incurred a rectal disability during service and has been treated continuously since then, granting service connection for this condition.

The Board has determined that new and material evidence has been received to reopen the veteran's service connection claim for chest pain, to include as due to an undiagnosed illness. The case is remanded for further development including a VA examination.

The veteran's claim for an initial rating in excess of 10 percent for a bilateral foot fungal condition is being remanded due to the need for further examination and evaluation.

The Board denied a rating in excess of 30 percent for the veteran's bilateral pneumothorax, postoperative, right closed thoracotomy, left open thoracotomy due to pre-bronchodilatation results of FEV-1 71 percent predicted and FEV-1/FVC ratio of 70 percent.

The veteran's phthisis bulbi of the right eye is currently rated at 30 percent, and the Board finds that a higher rating is not warranted based on the evidence.

The veteran's claim for payment or reimbursement of unauthorized medical expenses incurred in January 2004 is being remanded due to the need to locate and associate his Medical Administration Folder with the claims file.

The Board found that the appellant's discharge from service was under other than honorable conditions due to willful and persistent misconduct. The Board also determined there is no evidence of insanity at the time of incidents or during his service, and concluded he is precluded from VA benefits by virtue of the character of the OTH discharge.

The Board denied the appellant's claim for an extension of her delimiting date for receipt of educational benefits under Chapter 35, Title 38, United States Code due to the expiration of the 10-year period following notification of a permanent and total disability evaluation.

The Board has determined that the veteran does not have a chronic ulcer disability and therefore, service connection for ulcers is denied.

The VA denied the veteran's claims for an increased evaluation for arthritis of the right hip and service connection for bilateral heel spurs. The VA found that arthritis did not meet criteria for a higher rating, and there was insufficient evidence to establish service connection for heel spurs.

The Board has determined that new and material evidence has not been received to reopen the veteran's claim for service connection for residuals of dental trauma, as his recent submitted evidence does not provide credible corroboration of a claimed in-service injury.

The veteran's dysthymic disorder warrants a 50 percent rating effective December 29, 1987.

The Board found that the veteran's memory loss was not incurred in or aggravated by active military service, nor is it proximately due to a service-connected disorder.