Other conditions decisions — 2009

The Veteran's claim for service connection for a disability manifested by pain and numbness of the right hip and leg was denied due to failure to provide a supplemental statement of the case (SSOC) prior to the issuance of the October 16, 2009 Board decision.

The Veteran's claim for an increased rating for the service-connected conversion reaction was denied, and his TDIU rating claim was also denied as there were no compensable service-connected disabilities.

The Board denied the Veteran's claim, finding that his step-daughter's SSA income should not be excluded from countable income for VA pension purposes due to insufficient evidence demonstrating a financial hardship.

The Board found that the Veteran's stroke and its residuals are not proximately due to or the result of his service-connected type II diabetes mellitus.

The Veteran's death was not caused by any service-connected condition, and the cause of his death (embolic stroke) did not contribute substantially or materially to his death. The claim for DIC benefits pursuant to 38 U.S.C.A. § 1151 is also denied.

The Veteran's claims for increased evaluations for degenerative joint disease of the thoracic spine, left knee chondromalacia, and right knee chondromalacia were denied as her conditions did not meet the schedular criteria for higher ratings.

The Veteran's service-connected chronic sacroiliac strain with scoliosis is currently manifested by pain, numbness and moderate limitation of motion. The Board found that the current rating of 20 percent adequately reflects his disability.

The Veteran seeks service connection for a respiratory disability, which he claims is related to asbestos exposure during his military service. The Board has determined that additional development is needed due to the lack of an opinion on whether his current respiratory disability is related to service and because VA medical records may exist that are pertinent to his claim.

The Veteran's appeal is remanded for an additional VA examination to assess the severity of his service-connected hypertensive cardiovascular disease, including its impact on his daily activities and employment.

The Board found that the Veteran's throat cancer is not related to his military service and denied his claim for service connection.

The Board granted a rating of 10 percent for chondromalacia of the right patella and awarded an additional, separate 10 percent evaluation for mild degenerative joint disease of the right knee. The Veteran's service-connected right knee disability is currently rated as 20 percent disabling.

The Board has determined that the Veteran's bone cysts of the bilateral feet are not due to disease or injury incurred in service, and therefore denied his claim for service connection.

The Board has granted service connection for varicose veins as secondary to diabetes mellitus, type II. However, the Board denied service connection for nephropathy claimed as secondary to diabetes mellitus, type II.

The Veteran's squamous cell carcinoma of the floor of the mouth is not related to his service, and the Board denied his claim for service connection.

The Board denied the claim for service connection for the cause of the Veteran's death due to colon cancer, finding that there was no evidence linking the condition to active duty service or any incident therein, including asbestos exposure. The Board concluded that the current evidence did not support a finding that the Veteran's colon cancer was related to his in-service exposure to asbestos.

The Veteran's cause of death was due to multiple thrombotic pulmonary emboli and adenocarcinoma of the lung. The Board found that service connection for these conditions is not warranted, as there was no evidence linking them to his military service or exposure to asbestos therein.

The Veteran's appeal is being remanded for additional development, including obtaining SSA records and VA treatment records. The case will be readjudicated after these actions are completed.

The Veteran's left knee disability, including a tear of the posterior horn of the medial meniscus and degenerative changes of the lateral meniscus, is currently rated at 20 percent. A separate 10 percent rating has been granted for limitation of motion due to degenerative changes of the lateral meniscus.

The Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred from October 15, 2006 to October 20, 2006 was denied by the Department of Veterans Affairs Medical Center in Canandaigua, New York. The denial is based on the finding that he did not submit his claim within the prescribed 90-day time period from the relevant date of treatment.

The Veteran claims compensation benefits under 38 U.S.C.A. § 1151 for additional disability resulting from a May 2004 nerve block at a VA medical facility, but the Board finds that further examination and opinion are needed to resolve the claim.