Other conditions decisions — 2008

The veteran's service-connected stomach disorder is rated at 40 percent, the maximum schedular evaluation available for this condition.

The Board has determined that a combined 20 percent rating, with 10 percent for injury to Muscle Group V and 10 percent for Muscle Group VI, is warranted for the veteran's gunshot wound of the right elbow with fracture of the olecranon.

The Board has determined that the veteran's stomach disorder, including Meckel's diverticulitis and a duodenal ulcer, was not incurred in or aggravated by service. The claim for headaches is pending.

The Board has determined that the veteran's chondromalacia patella of both knees does not warrant a higher evaluation as there is no evidence of limitation of motion or instability beyond what is already reflected in the current 10% ratings.

The Board found no evidence of a service-connected dental condition resulting from an in-service injury or trauma, and thus denied the veteran's claim for service connection.

The veteran's chronic bowel disease results in two to four bowel movements per day without severe diarrhea and more or less constant abdominal distress. There is occasional fecal leakage, but not involuntary bowel movements due to loss of sphincter control.

The Board denied the veteran's claims for increased ratings for his service-connected residuals of gunshot wound to the chest, bilateral hearing loss, and tinnitus. The veteran was not granted any new or material evidence that would warrant reopening his claims.

The Board found no evidence of arthritis related to service or a service-connected skin disorder, and thus denied the claim for service connection.

The Board denied service connection for a somatization disorder and denied entitlement to a compensable rating for tension headaches prior to August 26, 1997. The veteran's claim for a rating in excess of 10 percent for tension headaches effective from August 26, 1997 was also denied.,The Board found that the veteran did not have a somatization disorder related to his service and denied service connection for this condition.

The VA determined that there is no relationship between the veteran's diagnosed skin disorder and his military service, including presumed herbicide exposure.

The Board denied the veteran's claim for an initial evaluation in excess of 10 percent for his service-connected medial border scapular syndrome, finding that the evidence did not support a higher rating under either the former or revised criteria.

The Board found that the appellant did not establish a common law marriage with the veteran, and therefore, she is not considered his surviving spouse for purposes of DIC benefits.

The Board found no additional disability as a result of the VA surgical treatment in February 1999 and determined that the results were not reasonably foreseeable. The veteran's erectile dysfunction was attributed to his pre-existing conditions, not the surgery.

The Board found no evidence of memory loss and denied the veteran's claim for service connection.

The Board denied the claim for service connection for fungal infection of the toes as secondary to Agent Orange exposure, finding that there was no evidence linking the condition to service.

The Board has remanded the case due to VA's failure to satisfy the heightened duty to assist in cases where service records were destroyed while in government custody. The appellant is required to provide additional evidence and authorize its release, if needed.

The appellant has withdrawn her appeal regarding the claim of entitlement to service connection for the cause of the veteran's death.

The Board has granted service connection for thymic cancer due to presumed in-service exposure to herbicides, including Agent Orange. The left foot disability is currently rated as 10 percent disabling.

The Board has remanded the case due to incomplete financial information and a need for updated reports from both the appellant and the veteran. The issue of apportionment of the veteran's compensation benefits on behalf of his minor children is pending.

The VA determined that the veteran's service-connected bullous emphysema, right upper lung, with residuals of multiple spontaneous left pnemothoraces, postoperative decortication, left lung does not warrant a rating higher than 30 percent.