Other conditions decisions — 2010

The Board denied an earlier effective date for the grant of service connection for thymoma, finding that the claim was not based on a new and material evidence or a change in law. The effective date remains October 30, 1998.

The Board has determined that the appellant's current back and leg conditions are related to his military service, specifically his flying duties. The Board found no evidence of a direct connection between his in-service injuries and his current disabilities.

The Veteran's shell fragment wound to the right buttock with lateral femoral cutaneous nerve involvement is currently rated at 20 percent and does not meet the criteria for a higher rating.

The Veteran's appeal is being remanded to the VA Medical Center in Columbus, Ohio for further action. The appellant desires a Travel Board hearing.

The Board has reopened the Veteran's claim of entitlement to service connection for ulcers and granted service connection based on a finding that the currently diagnosed ulcers are related to active military service.

The Board denied the Veteran's claims for service connection for heart disorders and TDIU due to service-connected disabilities, finding that his heart conditions were not incurred or aggravated by service or service-connected malaria.

The Board has remanded the issue of service connection for a sleep disorder due to insufficient opinion regarding its relationship to service-connected depression. The Veteran's claim is again remanded for additional development, including obtaining medical records and providing clarification on whether his sleep apnea is causally related to his service-connected depression.

The Board has remanded the case for further development to determine if the Veteran's PTSD led to his esophageal cancer by causing him to become an alcoholic, and whether he had acid reflux disease.

The Board has determined that the Veteran's emergency medical treatment was for a condition of such severity (acute abdominal pain and pancreatitis) that delay in seeking immediate medical attention could have been hazardous to health. The nearest VA facility, over 50 miles away, would not have been considered reasonable by a prudent layperson.

The Board has remanded the case for further development, including obtaining medical opinions and determining whether a VA facility was feasibly available to transfer the Veteran.

The Board has determined that the Veteran fractured her right hip and pelvic bone during active duty for training (ACDUTRA) and granted service connection for residuals of this injury.

The Veteran's appeal has been withdrawn by the appellant, and thus the case is dismissed.

The Veteran's tooth/bone loss due to periodontal disease is not a compensable disability, and service connection for residuals of BSSO surgery is not warranted.

The Board has determined that the Veteran's skin disorder, which was diagnosed in and since service, is related to his military service. The claim for service connection is therefore granted.

The Board found that VA failed to exercise the degree of care expected from a reasonable health care provider, leading to negligence in diagnosing lung cancer. The Veteran's death was caused by cardiorespiratory failure due to metastatic lung cancer.

The Veteran's claims for service connection for right eye cataract and stomach disability were denied. His increased rating claims for bilateral inguinal hernias and scars were also denied.

The Board found no evidence of a compensable dental disability in service and concluded that the Veteran's loss of teeth was not caused by his service-connected diabetes mellitus or exposure to herbicides. The claim for service connection is denied.

The Veteran's appeal is being remanded for further development, including a VA examination to determine if his left ear condition, including Eustachian tube dysfunction of the left ear, was aggravated by his active service.

The Veteran's right tibia and fibula fracture residuals are currently rated at 20 percent, which is the maximum schedular rating available under Diagnostic Code 5262. The evidence does not show that his disability warrants a higher evaluation.

The Board found no relationship between the Veteran's memory loss and ADHD with his military service, and thus denied his claim for service connection.