Other conditions decisions — 2009

The Board has reopened the claim for service connection for residuals of a left orchiectomy, but further development is needed to determine if the Veteran's current symptoms are related to his in-service surgery.

The Board found that the cause of the Veteran's death was not related to his active service, and denied the appellant's claim for non-service-connected death pension benefits.

The Veteran does not have residuals, torn ligaments, left foot that were caused or aggravated by any incident of active service.

The Board has determined that the Veteran's respiratory disorder is not service-connected because it was caused by his own use of tobacco products during military service, which cannot be considered due to a law change effective after the claim was filed.

The Veteran's claim for service connection for herpes zoster was denied as there is no evidence of a current skin disorder, including herpes zoster. The Veteran's claim for service connection for myopia was granted as refractive errors are not subject to service connection unless superimposed by disease or injury.

The Veteran's death was caused by cancer of the lungs, which is not related to his service. The Board finds no evidence linking the lung cancer to any condition incurred or aggravated during service.

The Veteran's claims for service connection for onychomycosis (foot fungus), a nervous disorder with memory loss, and hearing loss were denied. The Board found that the pre-existing tinea corporis did not worsen during service, and there is no evidence of current conditions related to service or herbicide exposure.

The Veteran's service-connected disabilities, including PTSD and cold injury residuals to the feet, do not meet the criteria for a TDIU due to their combined effect on his employability.

The Veteran's claim for service connection for an eye disorder due to toxoplasmic chorioretinitis was granted, with the rating assigned being allergic conjunctivitis.

The Board found that the Veteran does not have a current diagnosis of a cardiac disorder or liver disorder, and thus cannot establish service connection for these conditions secondary to his service-connected Type II diabetes mellitus.

The VA has determined that the appellant's left eye injury does not warrant a rating higher than 30 percent, as his condition does not meet criteria for blindness or anatomical loss of the right eye.

The Veteran's appeal is being remanded for further development, including scheduling a Board hearing. The issues are seeking a compensable rating for right brachial plexopathy and service connection for ulcerative colitis secondary to shoulder dislocation.

The Veteran's claim for service connection for a left leg disorder is being remanded due to the need for an examination and consideration of additional evidence. The issue of pseudofolliculitis barbae remains denied.

The Board has determined that the appellant may not be recognized as the surviving spouse of the Veteran for purposes of establishing entitlement to Department of Veterans Affairs benefits.

The Veteran's squamous cell carcinoma of the tongue was not present in service or until many years after service, and there is no competent medical evidence that any current squamous cell carcinoma is related to service, including as due to herbicide exposure. The claim for service connection is denied.

The Veteran's claim for an earlier effective date for additional compensation benefits for his spouse and child was denied as he did not provide the required information within one year of his marriage, which is the earliest that such benefits can be awarded.

The Veteran's initial evaluation for a myofascial strain of the left paraspinal muscles was granted at 20 percent, and he is now seeking an increased rating. The Board found that his current disability does not warrant a higher evaluation as it did not meet the criteria for an evaluation in excess of 20 percent.

The Veteran's appeal has been dismissed due to his death. The Board does not have jurisdiction to adjudicate the merits of this claim.

The Board has dismissed the appeal due to the death of the appellant.

The Board has determined that the current record is incomplete and requires additional development of evidence before a decision can be made on the Veteran's claim for waiver of overpayment of nonservice-connected pension benefits.