Other conditions decisions — 2010

The Veteran's claims for earlier effective dates have been dismissed as free-standing claims, not based on a claim of clear and unmistakable error (CUE) in the prior rating decisions.

The Board found that the Veteran does not have a current diagnosis of a vision disorder and denied service connection for it. For his urinary disorder, the Board concluded that there is objective evidence of chronic disability manifested by urinary urgency and incontinence, which cannot be attributed to a known clinical diagnosis, and granted service connection.

The Veteran's service connection claim for a pulmonary disability, including chronic bronchitis and asthma, has been granted. The Board found that the current lung conditions are related to his in-service exposure to herbicides.

The Board has determined that the appellant's claim for accrued benefits was timely filed, and therefore grants the claim.

The Veteran's appeal is being remanded to obtain additional service treatment records and conduct VA examinations. The issues include the rating for malaria, as well as claims of service connection for eye pain, right eye impairment, and polycythemia.

The Veteran's right hip disability is manifested by discomfort and stiffness, with range of motion greater than normal. The RO assigned a 10 percent rating for the condition.

The Veteran's Dupuytren's contracture of the left ring finger and little finger, as well as his right thumb, long finger, and ring finger, have been rated at 10 percent disabling. The Board found that the evidence did not support a higher rating for either hand.

The Board found that the Veteran did not have any residual of a head injury sustained in service and denied his claim for service connection.

The case is being remanded to the VA HCS for evidentiary development in accordance with the Board's November 2009 remand instructions.

The Board denied the Veteran's claim for service connection for a lung disorder, finding that there was no evidence of asbestos exposure during service and concluding that the current lung disorder is not related to military service.

The Board has determined that the Veteran's neck disorder is causally related to her active service, and therefore grants service connection for a neck disorder.

The Board denied the Veteran's claims for a compensable rating for epididymitis and TDIU, but reopened his claim of service connection for duodenal ulcers.

The Board has determined that the appellant's gout, which is manifested by incapacitating exacerbations three or more times a year, warrants a disability evaluation of 40 percent.

The Board denied the appellant's claim for an effective date earlier than January 11, 2005 for the grant of death pension benefits. The decision states that the earliest possible date granted by law is January 11, 2005, and there was no legal basis or undisputed facts to support a prior claim.

The Board has remanded the case for further development, including a VA examination to evaluate the Veteran's chronic ulcerative colitis and determine if it is at least as likely as not related to service or service-connected PTSD.

The Board has granted service connection for residuals of intracranial meningioma, including left facial (seventh) nerve paresis, left trochlear (fourth) nerve paresis, left trigeminal (fifth) nerve palsy, complete loss of left cochlear (auditory) nerve function, and left eye diplopia (sixth nerve palsy).

The Veteran's claim for an increased rating for his service-connected peri-anal abscess is being remanded due to the need for additional development, including a VA examination and review of medical records.

The Board found that the Veteran's adenocarcinoma of the colon and metastatic carcinoma of the right lung did not manifest during service or due to exposure to herbicides or asbestos, and thus denied the claims for service connection.

The Board has determined that the Veteran's service-connected compression fractures of T12, L2, and L3 do not warrant a disability rating higher than 20 percent. The other issues have been granted with a 20 percent disability rating for each condition.

The Board found that the appellant's hiatal hernia was not incurred in or aggravated by active military service, and it is not proximately due to or the result of a service-connected disability.