Other conditions decisions — 2009

The Board has determined that the Veteran's left arm and left hand disorders are not related to his military service, and thus denied both claims for service connection.

The Board denied increased ratings for the Veteran's service-connected bilateral knee disorders, finding that there was no evidence of recurrent subluxation or instability and limited range of motion. The VA examinations did not support the Veteran's subjective complaints.

The Board found that the Veteran does not have a current diagnosis of chloracne or other acneform disease consistent with chloracne. The preponderance of evidence shows that the Veteran's skin disorders, including actinic keratosis, seborrheic keratoses and acrochordons, are not diseases associated with exposure to certain herbicide agents as enumerated under 38 C.F.R. § 3.309(e). Therefore, service connection for these conditions cannot be granted based on the presumption of service connection for Agent Orange exposure.

The Veteran's chronic stomach disability is being remanded for further development to determine if it is related to his service-connected degenerative disc disease of the lumbar spine.

The Board denied the Veteran's claim for service connection for a respiratory disability, claimed as due to radiation exposure. The claim is not reopened because no new and material evidence has been received.

The Board has remanded the case due to inconsistencies in the Veteran's statements and the need for additional development, including obtaining VA records from 1965 to September 2003 and scheduling a VA examination.

The Board has granted the Veteran's waiver of overpayment of VA disability compensation in the amount of $5,398.00 due to sole administrative error by VA.

The Veteran's service-connected tarsal tunnel syndrome of the left foot is currently rated at 40 percent, which is the maximum rating available under the VA Schedule for Rating Disabilities.

The Board found that the Veteran's congestive heart failure did not manifest during service or within one year thereafter, and has not been shown to be causally related to his military service. The Board also found that it is not proximately due to or aggravated by a service-connected disability.

The Board denied the Veteran's claims for an increased rating for his service-connected bilateral inguinal hernias and TDIU, finding that the evidence did not meet the criteria for a higher disability rating.

The Board has restored service connection for squamous cell carcinoma of the hypopharynx, finding that the grant of service connection was not clearly and unmistakably erroneous. The issue of entitlement to special monthly compensation based on need for aid and attendance or housebound status is remanded.

The Veteran's dysthymic disorder is currently rated at 30 percent prior to July 17, 2007 and 70 percent thereafter. The disability picture continues to most closely approximate that contemplated by a 30 percent evaluation.

The Board found that the RO did not commit CUE in assigning a noncompensable rating for residuals of shell fragment wound of the back in June 1986. The Veteran's service-connected residuals of shell fragment wound of the back are currently evaluated as 10 percent disabling, and no earlier effective date is warranted.

The Board denied the appellant's claim for VA death benefits as she is not considered a child of the Veteran due to her age and lack of incapacity at 18 years old.

The Board has determined that the appellant's late husband had no qualifying service in the United States Armed Forces, and therefore is not eligible for VA death benefits.

The Board has reopened the claims for service connection for a skin disorder of the right foot and a left foot disorder, finding new and material evidence. However, it denied both claims as there is no current disability related to service.

The Veteran's claim for service connection for colon cancer, which required a determination of exposure to ionizing radiation during service, was denied as there is no evidence showing he was exposed to such radiation. The Board found that the preponderance of the evidence did not support a finding that his current condition was related to his military service.

The Board found no medical evidence linking the Veteran's esophageal adenocarcinoma to his service, despite his claims of continuity of symptoms. The VA examiner concluded that the intermittent gastrointestinal complaints in service were not consistent with the development of esophageal cancer.

The Board has determined that the appellant's chronic prostatitis, recurrent urinary tract infections, and left hip disorder are related to his active duty service. Service connection is granted for these conditions.

The Board has remanded the case due to a new basis of entitlement for service connection on a presumptive basis as former POWs who develop cirrhosis. The Veteran's cause of death is presumed to be liver insufficiency, and the VA needs to determine if this was actually cirrhosis.