Other conditions decisions — 2009

The Board granted a 10 percent rating for the veteran's gunshot wound residuals of the right foot, effective from July 19, 2004.

The Veteran's claims for service connection for cataracts and a skin disorder, including basal cell carcinoma, are denied as there is no competent medical evidence linking these conditions to inservice exposure to ionizing radiation. The claim for an initial rating in excess of 10 percent for bilateral hearing loss is also denied.

The Board has determined that the Veteran does not currently have a gastrointestinal disorder, including pancreatitis. The claim for service connection is denied.

The Board has determined that the Veteran's current gastrointestinal disorder had its onset during service and granted service connection for gastroenteritis.

The Board found that the Veteran's causes of death (acute renal failure, pneumonia, and myelodysplastic syndrome) are not listed as presumptive diseases under 38 C.F.R. § 3.309(d), nor are they listed as radiogenic diseases under 38 C.F.R. § 3.311(b)(2). Therefore, service connection for the cause of death is denied.

The Board denied the Veteran's request to reopen his previously denied claim for service connection for allergies and/or sinus condition, finding that no new and material evidence had been submitted.

The Board found that the veteran's lung disorder, to include as secondary to asbestos exposure, did not have its onset in service and is not related to active duty. The claim for service connection was denied.

The Veteran's decreased visual acuity of the right eye is not service-connected, and there was no fault on the part of VA in providing medical treatment.

The Board has determined that the Veteran's cause of death is not related to his active military service, and specifically does not relate to exposure to herbicides. The VA examiner concluded that AML was not caused by or the result of exposure to Agent Orange.

The Board found that the appellant's current bilateral hallux valgus is not related to his military service and denied his claim for service connection.

The Veteran's claim for waiver of recovery of an overpayment of nonservice-connected pension benefits in the total amount of $1,756 was denied by the RO's Committee on Waivers and Compromises due to a finding that recovery would not be against equity and good conscience.

The Board has denied the Veteran's claims for service connection for a nervous disorder and initial compensable ratings for left inguinal hernia repair and shrapnel wound of the left index finger, finding no competent medical evidence to support these claims.

The Veteran's claim for an increased rating for temporomandibular joint dysfunction was granted, with a 30 percent rating effective from November 24, 2006. The service connection for asbestos exposure condition resulting in shortness of breath remains pending.

The Board granted service connection for lichen simplex chronicus and assigned a noncompensable rating effective from July 26, 1999.

The Board found that the Veteran's hypogonadism does not meet the criteria for a compensable rating, as there is no evidence of testicular atrophy. The claim was denied.

The Board found that the Veteran's lung disability was not incurred in or aggravated by service, including asbestos exposure. The preponderance of evidence is against a finding that his current lung disability is related to any incident or event in military service.

The Board found no evidence of a chronic disability manifested by memory loss or psychoses during service, and the Veteran's current conditions are not presumed to be due to undiagnosed illness in the Gulf War context. The claim is denied.

The Veteran's TDIU claim is being remanded for a new VA examination to assess the severity of his service-connected residuals of a subtotal gastrectomy and vagotomy, and its effects on his ability to work.

The Board denied service connection for the cause of the Veteran's death, finding that there was no evidence to support a link between his military service and his fatal conditions.

The Board found that there was no factual evidence of an increase in the Veteran's varicose veins disability during the year prior to his claim, and thus denied a higher rating effective earlier than April 4, 2001.