Other conditions decisions — 2009

The Board denied the Veteran's claims for service connection for his right and left foot conditions, finding that there was no evidence of a current disability related to service.

The Board has determined that the Veteran's poliomyelitis, diagnosed after active service, was incurred during his period of active duty for training (ADT). Service connection is granted.

The Board has determined that it is as likely as not that the Veteran's current gastrointestinal disability, manifested by abdominal pain, is causally related to service. Therefore, service connection for this condition is granted.

The Veteran's claim for service connection for right cerebrospinal fluid otorhinorrhea, claimed as residual of in-service head trauma, is being remanded due to the Veteran's failure to report for a VA examination. The case will be reconsidered after obtaining any outstanding medical records and scheduling another examination.

The Board has determined that the Veteran's polycystic ovarian syndrome existed prior to service and was not aggravated by service, thus denying her claim for service connection.

The Board found that the Veteran was not exposed to radiation during his active military service in Japan, and thus did not meet the criteria for service connection based on exposure to ionizing radiation. The Veteran's eye disorder is therefore denied.

The Veteran's duodenal ulcer is currently rated at 40 percent, but the Board finds that his symptoms do not warrant a higher rating as they do not meet the criteria for a 60 percent rating.

The Board has remanded the case for further development to determine if any of the Veteran's conditions listed on his death certificate are attributable to military service, including potential exposure to asbestos while stationed aboard ships. The appellant will also be provided with a VCAA notice letter.

The Board denied the Veteran's request for a waiver of overpayment due to his incarceration, finding that recovery would not be against equity and good conscience. The fault was attributed to the Veteran.

The Board found that the Veteran's current left hip bursitis is not related to his service, and thus denied his claim for service connection.

The Board has determined that the submitted evidence does not meet the criteria for new and material evidence to reopen the claim of service connection for residuals of a left ear infection.

The Veteran's claims for increased evaluations for his service-connected gunshot wound residuals are being remanded due to the need for further development, including a VA examination.

The Veteran's varicose veins of the right lower extremity were productive of persistent edema and stasis pigmentation, with or without intermittent ulceration. The disability is not productive of an extraordinary disability picture.,As of October 3, 2007, the Veteran's varicose veins of the left lower extremity are productive of persistent edema and stasis pigmentation, with or without intermittent ulceration. This disability is not productive of an extraordinary disability picture.

The Veteran's appeal is being remanded to the RO for further development, including obtaining VA treatment records and arranging for a VA examination. The Veteran seeks an initial rating in excess of 10 percent for his adjustment disorder.

The Veteran's appeal is being remanded for additional development, including scheduling a VA examination and obtaining service treatment records.

The Board finds that the Veteran's death from metastatic small cell carcinoma was caused by his service-connected lung cancer, which is presumed to be due to herbicide exposure in Vietnam. The appellant's claim for service connection for cause of death is granted.

The Veteran's claim for a compensable rating for his service-connected corneal ulcer of the left eye is being remanded due to the need for further medical examination and evaluation.

The Board has determined that the Veteran's service-connected right eye disability contributed substantially or materially to his death, and thus grants service connection for the cause of the Veteran's death.

The Veteran claims service connection for left thoracic outlet syndrome, which was denied in the July 2006 rating decision. The Board finds that additional development is necessary to determine if the Veteran currently has this condition and whether it is related to her active service.

The Veteran's service treatment records indicate he had a bleeding disorder in service, which was suspected to be Ehler's-Danles syndrome. A VA examination found the Veteran has mild hemophilia A and that his condition manifested as hereditary since birth. The examiner opined it is at least as likely as not that the Veteran's hemophilia was aggravated by service.