Other conditions decisions — 2009

The Veteran died from metastatic gastric carcinoma, but the Board found no evidence to support a service connection for this condition. The death was not caused by any established event or disease during active service.

The Board determined that the appellant is not entitled to recognition as the surviving spouse of the Veteran for VA death benefits purposes due to her remarriage and lack of continuous living with the Veteran.

The Board's decision on the appellant's claims for accrued benefits, service connection for the cause of the Veteran's death, and DIC under 38 U.S.C.A. § 1318 is dismissed due to the appellant's death.

The Veteran's appeal is being remanded due to the need for additional VA treatment records. The issue of entitlement to specially adapted housing will be reconsidered after these records are obtained.

The Veteran's appeal is remanded for further development, including a VA examination to assess whether his service-connected left hand disability alone precludes him from obtaining or maintaining any substantially gainful employment.

The Veteran's cancer of the larynx with metastasis to the lungs is service-connected due to exposure to herbicides in Vietnam, and the Board finds that it is at least as likely as not that the primary site of his most recent cancer was the larynx.

The Veteran died due to an intracerebral hemorrhage and hypertensive cardiovascular disease. The Board found that his service-connected PTSD did not cause these conditions, nor was it a contributory cause of death.

The Board has remanded the case for further development and examination to determine if a dysthymic disorder is secondary to service-connected bilateral eye disability, and whether the Veteran's combined disabilities render him unable to secure or follow any substantially gainful employment.

The Board has remanded the case to be further processed due to issues related to service connection for eye disabilities and photophobia.

The Veteran is seeking a compensable rating for his lower mandibular anterior gingival graft condition. The RO has continued the noncompensable evaluation, and the Veteran wishes to have a video conference hearing with a member of the Board.

The Court has found that the December 1950 rating decision contained CUE and directed VA to restore a 30 percent disability rating for frozen feet with bilateral peripheral vascular disease, effective February 14, 1951.

The Veteran does not have additional disability of the upper and lower extremities as a result of VA surgery on November 8, 2002. The Board finds that there is no evidence to support the claim for compensation under 38 U.S.C.A. § 1151.

The Veteran's claim for a higher rating for residuals of a shell fragment wound to the right leg, muscle group XI was granted with an effective date of November 26, 2007. A separate 10 percent rating is assigned for a scar as a residual of a shell fragment wound to the right leg. The Veteran's claim for a compensable rating for history of osteomyelitis remains denied.

The Board has determined that the Veteran's bilateral heel pain is not related to active service and denied his claim for service connection. The issue of a higher disability rating for myofascial pain syndrome of the thoracic spine remains pending.

The Board has determined that the Veteran's current right testicular pain, swelling, atrophy, and activity limitations are residuals of a herniorrhaphy incurred in service. As such, the claim for service connection is granted.

The Board denied the appellant's claim for recognition as the surviving spouse of the Veteran, thus denying her eligibility for Dependency and Indemnity Compensation (DIC) benefits.

The Board denied the appellant's claim of service connection for visual impairment due to cataracts, finding that there was no evidence linking his current condition to his military service or exposure to ionizing radiation.

The Veteran's appeal is remanded for additional development, including a VA examination to evaluate his gout and other foot disorders. The case will be readjudicated after the development.

The Veteran's arthritis of the right great toe is not shown to be productive of greater than moderate impairment of the foot. Slight limitation of motion was noted and is contemplated in the rating assigned.

The Board found that the Veteran's heart murmur did not have onset during active service and is not etiologically related to active service. Therefore, the claim for service connection for a heart murmur was denied.