Other conditions decisions — 2010

The Board found that the Veteran's lung disorder is not related to his period of service, including any exposure to asbestos. Service connection for a lung disorder was denied.

The Board found that the Veteran's CAD was not incurred in service and is not secondary to his service-connected asbestosis. The Board also determined that he does not have residuals of pneumonia, as this condition is already covered by his service-connected asbestosis.

The Board has dismissed the appeal as the Veteran did not file a timely substantive appeal of the January 2007 rating decision denying entitlement to TDIU.

The Veteran's TDIU claim was granted with an effective date of September 20, 2005, based on his service-connected disabilities and the loss of vision in his right eye.

The Board denied the appellant's request for waiver of recovery of overpayment of VA nonservice-connected pension benefits in the amount of $17,944 due to her omission of financial information and lack of detrimental reliance on the benefit.

The Veteran seeks service connection for a neck disorder. The case is remanded due to the need for a VA examination and additional development of records.

The Veteran's claim for higher SMC was denied as there is no legal basis. The Board found that the Veteran's peripheral vascular disease of both lower extremities warrants a 40 percent rating, effective December 4, 2007.

The Board found that the Veteran's bilateral foot disorder(s) are not shown by competent evidence to be related to his military service or any incident therein, and thus denied his claims for service connection.

The Veteran's claim for SMC based on loss of use of the lower extremities and bowel/bladder dysfunction was granted with an effective date of March 10, 2000.

The Veteran's claim for an increased disability rating for service-connected prostatitis is denied. The Board finds that the evidence does not support a higher rating than the current 20 percent assigned under Diagnostic Code 7527. The earlier effective date claims are dismissed as a matter of law.

The Board found that there is no evidence of in-service exposure to herbicides, service-connected condition for multiple myeloma or a fractured vertebra, and therefore denied the Veteran's claims.

The Board has reopened the Veteran's claim for service connection for cardiac arrhythmias with intermittent cardiac pauses and pacemaker due to new evidence showing a relationship between his current heart condition and chest pains he experienced during service. The Board also found that there is continuity of symptoms from service, leading to the need for a pacemaker.

The Veteran's service-connected psychophysiological musculoskeletal disorder is not productive of occupational and social impairment with reduced reliability and productivity due to such symptoms as: flattened affect; circumstantial, circumlocutory, or stereotyped speech; panic attacks more than once a week; difficulty in understanding complex commands; impairment of short- and long-term memory (e.g., retention of only highly learned material, forgetting to complete tasks); impaired judgment; impaired abstract thinking; disturbances of motivation and mood; difficulty in establishing and maintaining effective work and social relationships. The Veteran's service-connected headaches are not productive of occupational and social impairment with reduced reliability and productivity.

The Veteran's service-connected colitis is currently rated at 10 percent, which is the minimum rating available under Diagnostic Code 7323 for moderate ulcerative colitis. The current symptomatology does not warrant a higher rating as it only includes frequent episodes of bowel disturbance with abdominal distress.

The Board found that the Veteran's digestive system disabilities, including post-operative residuals of a colon fissure, were not incurred in or aggravated by active service and denied his claim.

The VA determined that the Veteran's cardiovascular disability was not incurred or aggravated by service, and thus denied his claim for service connection.

The Board has granted service connection for right leg thrombophlebitis and assigned a 10 percent disability rating. The issue of an initial rating in excess of 10 percent for left lower extremity residuals of transient ischemic attacks is remanded.

The Board found that the appellant's treatment was for a medical emergency and that it would have been prudent to transfer him to a VA facility. The VAMC accepted his transfer on March 21, 2006.

The Veteran's basal cell carcinoma of the face was not incurred in active service, including as due to herbicide or chemical exposure.

The Veteran's gastritis is found to be caused or aggravated by his service-connected PTSD, and the claim for increased rating of PTSD is dismissed as the appellant has withdrawn their appeal.