Other conditions decisions — 2010

The Board found that the Veteran's back pain did not have its onset during active service or result from disease or injury in service. The preponderance of evidence is against the claim for service connection.

The Board denied the appellant's claim for an apportionment of the Veteran's compensation benefits on behalf of their minor child, A., finding that an apportionment would cause undue hardship to the Veteran.

The Board denied the Veteran's claim for service connection for a left inguinal hernia as there is no evidence of current residuals from this condition.

The Veteran's claim for a TDIU is denied as he failed to report for scheduled VA examinations, which were needed to determine the extent of his service-connected disability contributing to unemployability.

The VA denied the Veteran's claims for increased ratings for his bilateral knee disabilities, finding that they do not meet the criteria for a rating greater than 10 percent under Diagnostic Code 5257.

The Board has determined that the Veteran's current bilateral hand tremors, diagnosed as a disability initially manifested in service, meets the criteria for service connection.

The Board found that the Veteran's fatal cancer was not related to service, and thus denied the claim for service connection for the cause of his death.

The Veteran's appeal is being remanded for additional development, including a VA examination to assess the impact of his left foot disability on his employment as an airport security officer.

The VA determined that there is no evidence of increased disability in the Veteran's right great toe condition, and thus denied his claim for a higher evaluation.

The Board has granted service connection for bilateral shin splints and compartment syndrome, finding that these conditions were incurred during active duty. The Veteran's initial claim for a higher rating for bilateral plantar fasciitis remains on appeal.

The Veteran's appeal is being remanded due to the need for additional development of her claims file, including obtaining treatment records from private providers and VA.

The Veteran's appeal is being remanded for further development to determine the nature, extent and etiology of any bilateral leg and foot disabilities, including whether they are related to his service-connected cervical spine disability.

The Veteran's appeal is remanded for further development, including a VA examination to assess the impact of his prostatitis on employment and consideration of an extraschedular evaluation. The TDIU claim may also be affected by this decision.

The Veteran's service-connected foot disabilities have been severe and worsening since 2005, causing significant limitation of motion, weakness, and a limp. The RO has granted increased evaluations for the right foot disability.

The Board has restored service connection for residuals of removal of fibroadenoma of the left breast, effective from December 14, 1992. The Veteran's original claim was denied in September 1993 due to lack of evidence showing a link between her current condition and service. However, new evidence submitted after the denial showed she had undergone surgery for fibroadenoma shortly after discharge from service.

Throughout the rating period on appeal, the appellant's psychoneurosis and gastrointestinal disturbance were manifested as moderate symptoms of frequent episodes of bowel disturbance with abdominal distress but without vomiting, circulatory disturbance after meals, hypoglycemic reactions, diarrhea or constipation. The appellant had intact cognitive functioning without symptoms of a DSM-IV psychiatric disorder.

The case is being remanded for further development of the record.

The Board denied service connection for chronic myelogenous leukemia, to include as due to exposure to Agent Orange, for purposes of accrued benefits. The appellant's claim was also denied for the cause of the Veteran's death.

The Veteran's current residuals of abdominal surgery are not deemed to be the result of carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault by VA medical personnel. The Board denied compensation under 38 U.S.C.A. § 1151 for these residuals.

The Board found that the Veteran does not currently have a cardiovascular disorder medically associated with his in-service atrial fibrillation or any other incident of his military service.