Other conditions decisions — 2009

The Veteran's claim for an evaluation in excess of 60 percent for his service-connected status post gastrectomy with perforated duodenal ulcer was denied. The condition is manifested by abdominal pain, epigastric tenderness, daily diarrhea, nausea, vomiting and reflux, delayed gastric emptying, weight loss, malnutrition and weakness.

The Veteran's appeal has been withdrawn, and the case is dismissed.

The Veteran is seeking compensation under 38 U.S.C. § 1151 for additional disabilities resulting from VA-performed colonoscopy and surgical procedures in April and June 2007. The Board has determined that further development, including obtaining private treatment records and scheduling a VA examination, is necessary to decide the claim.

The Board has determined that there was clear and unmistakable error in the November 1977 rating decision denying service connection for a right index finger injury due to willful misconduct. The evidence now shows that the injury occurred during active military service, but not as a result of intentional misconduct or willful neglect.

The Board found that the Veteran's cause of death, which was listed as probable adenocarcinoma of the lungs, is not related to his service exposure to ionizing radiation. The medical evidence did not definitively show lung cancer at the time of his death and the physician concluded that it was unlikely that his cause of death was related to his service.

The Board denied the appellant's claim for compensation under 38 U.S.C.A. § 1151 for a right heel decubitus ulcer and denied service connection for cause of death due to renal failure.

The Veteran's claim for a compensable rating for osteomyelitis of teeth 23, 24, and 25 is being remanded due to the need for additional development.

The Veteran's claim for an increased rating in excess of 20 percent for bilateral epiphora was denied. The Board found that the current rating of 20 percent is already at the maximum schedular level and there is no evidence of loss of visual acuity or field of vision.

The Veteran's appeal for a higher rating for his pilonidal cyst was denied by the Board of Veterans' Appeals. The evidence did not show persistent bleeding, secondary anemia or fissures to warrant a higher rating.

The Board found that the Veteran's liver mass and stroke were not caused by his service-connected syphilis, and thus denied the claim for service connection.

The Board denied the reopening of the claim for service connection for chronic lymphocytic leukemia due to exposure to herbicides, as new and material evidence was not presented.

The Veteran's service-connected hiatal hernia is currently rated at 30 percent, the highest schedular rating available for this condition.

The Veteran's service-connected residuals of throat and nose cancer are manifested by no saliva production, causing difficulty in chewing and swallowing; chronic painful sores on the tongue due to lack of saliva; hoarseness and difficulty speaking during frequent periods of swelling of the tongue; and complete loss of taste. The Board has determined that ratings under Diagnostic Codes 7203 (difficulty swallowing), 6276 (loss of taste), and 6516 (hoarseness) are most appropriate for these symptoms.

The Veteran's gout has been granted service connection and is rated at a combined evaluation of 50 percent, effective July 1, 2002. The rating reflects chronic residuals of gout affecting multiple joints including the right index finger, right middle finger, both great toes, and both ankles.

The Veteran's appeal is being remanded for further development related to her claim of service connection for an autoimmune disease due to exposure to radiation, Lewisite, mustard gas, Agent Orange, and/or other chemicals. The case will be returned to the Board for further consideration.

The Board denied the Veteran's request to reopen his claim of service connection for schizoaffective disorder, claimed as psychosis. The evidence submitted did not relate to an unestablished fact necessary to substantiate the claim or raise a reasonable possibility of substantiating the claim.

The Board has determined that a VA medical opinion is needed to determine if the appellant's porphyria cutanea tarda was caused by his service in Vietnam, including exposure to Agent Orange. The case will be remanded for this purpose.

The Veteran's cause of death was metastatic colon cancer. The appellant claims this condition is related to exposure to ionizing radiation during service, but the VA has not been able to determine if the Veteran was exposed to such radiation due to missing records from his military service. The case is being remanded for further investigation and clarification.

The VA has granted an initial disability evaluation of 50 percent for the appellant's service-connected dysthymic disorder, effective from September 16, 2004. The decision also addressed the issue of TDIU but did not specify a rating or effective date.

The Veteran's laceration to the left thumb does not meet the criteria for a compensable disability evaluation.