Other conditions decisions — 2010

The Veteran's claim for an increased rating for postoperative hemigastrectomy and vagotomy for duodenal ulcer with resection of small bowel is being remanded due to the need for additional medical records and a new VA examination.

The Board has determined that the Veteran's service-connected dysthymia warrants a 50 percent disability rating, effective from March 26, 2004. The Veteran's HIV infection is rated at 30 percent.

The Board has determined that new and material evidence has not been received to reopen the claim for service connection for the cause of the Veteran's death, as the additional evidence submitted does not relate to an unestablished fact necessary to substantiate the claim.

The Board found that the Veteran's left eye amblyopia pre-existed service and did not increase in severity therein, thus denying his claim for service connection.

The Veteran's claim for specially adapted housing or a special home adaptation grant has been dismissed due to the death of the appellant.

The Board denied the Veteran's claims for service connection for a lung disorder and for an increased rating for his service-connected costochondritis, finding no current evidence of a chronic lung disorder and noting that the Veteran's costochondritis is primarily manifested by subjective complaints of daily pain in the left chest.

The Board has found that there are outstanding treatment records and VA outpatient treatment records needed to provide an accurate assessment of the Veteran's current degree of disability for otitis media. The case is therefore REMANDED for these actions.

The Veteran is entitled to receive nonservice-connected pension benefits due to permanent and total disability, as determined by the Social Security Administration.

The Veteran's service connection claim for residuals of a shell fragment wound of the right sub-scapula with retained foreign body was denied. The Board found that there is no evidence to support the claim and concluded that the Veteran does not have residuals from such a condition.

The Veteran's claim for service connection for somnambulism and residuals of a left scapula injury is denied as there is no current diagnosis or evidence linking these conditions to military service.

The Veteran seeks a retroactive increase in the disability rating for schizoaffective disorder, to include entitlement to TDIU prior to the effective date of the severance on May 1, 2010. However, due to the statutory prohibition against awarding a retroactive increase in the disability rating where service connection has been severed, her claim is denied.

The Board has reopened the claim for service connection for cause of death due to new and material evidence submitted. However, further medical opinion is needed to determine if exposure to Agent Orange contributed to the Veteran's pancreatic cancer.

The Veteran is seeking service connection for generalized arthritis, which he claims is related to herbicide exposure in Vietnam or secondary to his service-connected diabetes mellitus. The Board has ordered a remand due to the need for an examination and opinion regarding the relationship between the Veteran's arthritis and his military service.

The Veteran's claim for an increase in his rating for residuals of a shell fragment wound of the right leg with injury to Muscle Group XI is being remanded due to the need for additional medical examination and development.

The Board denied the appellant's claim for reinstatement of DIC benefits as she did not qualify as a surviving spouse due to her remarriage prior to January 1, 2004 and her application received after December 16, 2004.

The Veteran's claim for service connection for systemic sclerosis was denied. The issue of service connection for arthritis is pending and will be addressed after the diabetes mellitus issue is resolved.

The Veteran's right knee disability, characterized by limited flexion and full extension, does not meet the criteria for a higher evaluation.

The Veteran's claim for service connection for neck injury residuals is being remanded due to insufficient evidence linking the current condition to an in-service event.

The Board found that the evidence submitted since the November 2003 decision is either cumulative or redundant and does not relate to an unestablished fact necessary to substantiate the claim of entitlement for basic eligibility for VA death benefits. As a result, the claim was denied.

The Veteran is seeking service connection for a condition he claims was caused by herbicide exposure during his military service. The case has been remanded to obtain additional medical records and determine if the Veteran's current condition is related to his military service.