Other conditions decisions — 2009

The Veteran's claim for service connection for a bowel disorder, to include as secondary to his service-connected herniated nucleus pulposus at L-4 status post discectomy and associated radiculopathy of the right and left lower extremities, has been denied. The Board finds that there is no competent evidence showing a current diagnosis or continuity of symptomatology for a bowel disorder.

The Board has determined that the Veteran does not have a current diagnosis of a skin disability related to service, including exposure to herbicides. The Veteran's bilateral hearing loss was also denied as there is no evidence linking it to service.

The Board found that the Veteran's right hip disorder was not incurred in or aggravated by service and denied his claim.

The Veteran's service-connected right hand disability, which is currently rated at 10 percent, has been increased to a 30 percent rating due to the presence of ankylosis in the thumb and another finger.

The Board found that the Veteran's oropharynx cancer, septic shock, and aspiration pneumonia were not service-connected. The cause of death was attributed to septic shock due to oropharynx cancer.

The Board denied the appellant's claim for nonservice-connected death pension benefits as her husband had no qualifying service that would allow him to be considered a Veteran for this purpose.

The Veteran's service records show a back injury, and his current complaints of chronic intermittent pain may be associated with the in-service manifestations. The case is REMANDED for a VA examination to determine the etiology of any back disability.

The Veteran meets the criteria for special monthly pension due to his combined disability evaluation of 60%, which qualifies him as housebound.

The Veteran's duodenal ulcer disease results in chronic epigastric pain, reflux, dysphagia, nausea, periodic vomiting, and frequent diarrhea. However, the evidence does not meet the criteria for a higher evaluation as his condition is currently rated at 40 percent under Diagnostic Code 7305.

The Veteran is unable to secure or follow a substantially gainful occupation due to his service-connected calcific left pleura due to old pleural effusion, which meets the criteria for TDIU.

The Board denied service connection for systemic lupus erythematosus, finding that the condition was not incurred or aggravated by active duty training (ACDUTRA) and did not pre-exist ACDUTRA.

The Veteran's claim for an increased rating for his service-connected left acromioclavicular separation, by history, is being remanded due to inadequate VCAA notice and the need for additional VA examination.

The Board has determined that the Veteran's current gastrointestinal disability, including gastritis and Barrett's Esophagus, is likely related to her period of active duty service.

The Board determined that the appellant's character of discharge from active service is a bar to benefits administered by the Department of Veterans Affairs due to his unauthorized absence without leave for over 450 days.

The Veteran's palindromic rheumatism is not shown to be manifested by symptom combinations productive of definite impairment of health, incapacitating exacerbations occurring three or more times a year, or compensable limitation of motion of the affected parts. Therefore, his claim for an increased rating for palindromic rheumatism has been denied.

The Veteran's claim for a higher initial rating for residuals of a right fifth metatarsal fracture was denied by the Board, as her disability did not meet or approximate the criteria for a rating in excess of 10 percent.

The Board has remanded the case due to incomplete service medical records and requests for additional information. The claim will be reconsidered after obtaining any missing records.

The Board has determined that the Veteran's cause of death was not caused or contributed to by any service-connected disability, and thus, service connection for the cause of death is denied.

The Board has granted service connection for the Veteran's lower back injury, effective March 5, 2004. The appeal is dismissed as no longer a justiciable case or controversy remains.

The Board determined that the Veteran's patellofemoral pain syndrome did not meet or approximate the criteria for a higher evaluation, and thus denied his claims.