Other conditions decisions — 2009

The Veteran's duodenal ulcer, hiatal hernia, and dumping syndrome have been rated at 40 percent since October 6, 2003. The Board found that the evidence did not meet the criteria for a higher rating.

The Veteran's service-connected shell fragment wounds in the right thigh and left leg have been rated at 10% each, with a combined rating of 20%. The RO has now increased the ratings to 30% for both conditions.

The Veteran's claims for increased ratings were denied. The RO found that the Veteran did not meet the criteria for a compensable rating under any applicable diagnostic codes.

The Veteran's claim for service connection for colon cancer, claimed as due to herbicide exposure, is denied because there is no medical evidence indicating that the colorectal cancer may be etiologically related to herbicide exposure.

The Veteran's colon cancer is not service-connected as secondary to Agent Orange exposure, and there is no evidence linking the condition to his military service.

The Board found that the appellant cannot be recognized as the surviving spouse of the Veteran for purposes of establishing eligibility for VA benefits.

The Veteran's claim for service connection for a tympanic membrane perforation is denied as there is no current disability of this condition.

The Veteran's claim for an increased rating for aortic stenosis with aortic valve replacement is being remanded due to the need for additional VA examination and medical records.

The Board denied the veteran's claims for service connection for a bilateral foot disorder and blood poisoning, finding no evidence of such conditions during or related to his active duty training.

The Board found no evidence of a nexus between the Veteran's alopecia and her military service, thus denying her claim for service connection.

The Veteran's claim for an increased evaluation for his service-connected shell fragment wound (SFW), Muscle Group XIV, is being remanded due to the need for a comprehensive VA examination and additional treatment records.

The Veteran died of biliary cancer, likely cholangiocarcinoma, which the VA oncologist opined was related to his Vietnam service. The Board grants DIC based on this finding.

The Board is remanding the case to determine the appellant's income for the period from February 1, 2006 through February 28, 2007 as it relates to her entitlement to improved death pension benefits based on the need for aid and attendance of another person.

The Board found that the Veteran does not have a current service-connected eye disability and denied his claim for service connection.

The Board has determined that the Veteran's right second toe hammertoe disorder is related to his active military service and granted service connection for this condition. The claim for bilateral hearing loss was not supported by the evidence provided, resulting in denial of this issue.

The Board has granted service connection for the cause of the Veteran's death due to acute myelomonocytic leukemia (AML) related to in-service exposure to Agent Orange. The claim for DIC under 38 U.S.C.A. § 1318 is moot as the grant of service connection already recognizes that the death was from a service-connected disability.

The Veteran's appeal is remanded for further development, including a VA examination to determine the nature and etiology of his respiratory disorder and an additional VA examination to assess the severity of his service-connected knee disabilities.

The Board denied the Veteran's claim for an earlier effective date for TDIU, finding that it was not factually ascertainable prior to May 12, 2005 that his service-connected disability precluded gainful employment.

The Veteran's only service-connected dysthymic disorder does not prevent him from securing or following substantially gainful employment, even considering his educational and occupational background.

The Board denied the appellant's claim for DIC under § 1318 because the Veteran did not meet the basic threshold criteria of having a service-connected disability rated as 100% disabling for at least 10 years prior to his death. The Board also found that further grounds for DIC entitlement were precluded due to various reasons.