Other conditions decisions — 2010

The Board denied the Veteran's claim for service connection of a malignant brain astrocytoma, finding that there was insufficient evidence to establish causation or aggravation by a service-connected condition.

The Veteran's 30 percent rating for his stricture of the esophagus with achalasia is restored. The appeal for an earlier effective date for service connection for this condition is dismissed.

The Board found that there is no medical evidence linking the Veteran's current bilateral bunions, hallux valgus, and hammertoes to her service. The most persuasive opinion was against a finding of service connection.

The Veteran's unauthorized medical expenses incurred at a private facility on September 16, 2009 are eligible for reimbursement due to his HIV positive status and the urgency of his symptoms.

The Veteran's claim for an increased rating for her service-connected posttraumatic minor anesthetic area, right side of scalp is being remanded due to procedural and substantive development needs.

The Veteran's splenectomy is currently rated at 30 percent, but does not meet the criteria for a higher rating as there are no complications such as infections or bleeding.

The Board has denied the Veteran's claim for service connection for a right hip disability, finding that there is no competent evidence linking his current condition to service.

The Board finds that the Veteran's bilateral foot disorder, diagnosed as neuromas on both feet, is likely related to her last period of active service and grants service connection for this condition.

The Board has granted a higher 40 percent rating for the Veteran's left foot disability, which is now rated as ankylosed. The previous 20 percent rating was increased to reflect the severe limitation of motion in the ankle joint.

The Board found no current spine or low back disability and denied service connection for arthritis of all major joints and non-inflammatory arthritis.

The Veteran's service-connected residual bilateral leg injuries, including cramps with exertion and Muscle Group XII involvement, are granted. The right and left leg scars due to fasciotomy are not rated as compensable.

The Board has remanded the case for further development regarding whether an overpayment of $8,686 should be repaid from concurrent receipt of military retired pay and VA disability compensation benefits.

The Board has ordered the case to be remanded for additional development, including obtaining VA treatment records and readjudicating the claim. The appellant's appeal is related to service connection for the cause of death and DIC under a specific law.

The Board has remanded the case due to incomplete VA medical records and a need for a new VA examination.

The Board has found that the appellant's right foot onychomycosis is proximately due to or the result of service-connected diabetes mellitus type II. The issue of entitlement to service connection for peripheral vascular disease remains pending and requires further development.

The Board found no evidence to support the Veteran's claim of service connection for an eye disorder, as there was no nexus between his current condition and his military service. The VA examiner concluded that the macular hole, epiretinal membrane, and cataract were not related to the combat trauma in service.

The Board has determined that the Veteran's nystagmus, which he experienced during service and continues to experience today, is related to his in-service symptoms of eye twitching. As a result, the claim for service connection for nystagmus is granted.

The Board denied the appellant's claims for service connection for the cause of her husband's death and entitlement to DIC benefits under 38 U.S.C.A. § 1310 and § 1318, respectively, as well as her claim for service connection for diabetes mellitus on an accrued basis.

The Board has determined that the Veteran's skin disabilities (basal cell carcinoma and actinic keratosis) were not caused or aggravated by active service, including exposure to ionizing radiation. The Veteran's CLL and Hodgkin's disease have also not been shown to be related to active service.

The Board has remanded the case for additional development, including obtaining information on where and how the Veteran was exposed to asbestos during service. The VA must also obtain medical records from the Veteran's former employers and any post-service occupations that may have involved exposure to asbestos.