Other conditions decisions — 2010

The Board denied the appellant's claim for apportionment of the Veteran's VA disability compensation benefits on behalf of their minor child, J.P.B., finding that the Veteran reasonably discharged his responsibility for support and there was no evidence of hardship or undue hardship.

The Veteran withdrew his appeal for an increased rating for residuals of lower back strain, currently evaluated as 40 percent disabling.

The Board has granted the petition to reopen a claim for service connection for a disability manifested by low back pain, but denied the claim for service connection for herpes simplex/zoster.

The Veteran's appeal involves service connection for a disorder manifested by chronic coughing and difficulty breathing, including as due to herbicide exposure. The Board has also remanded the issue of reducing his hearing loss rating from 20% to 10%, effective April 1, 2009. The Veteran must be provided with an opportunity to respond to these issues.

The Veteran's chronic insomnia is found to be related to his military service, and he is granted service connection for this condition. The right shoulder disability remains at a 10% rating.

The Veteran's claim for service connection for basaloid squamous cell carcinoma of the left sinonasal cavity, postoperative, due to exposure to herbicides is being remanded for additional development.

The Veteran's claims for increased ratings and service connection were denied. The Board found that the effective dates for the grants of service connection for lumbar spine and gastrointestinal disabilities are September 14, 1999.

The Board found that the Veteran's current 20 percent evaluation for his eye disability is appropriate, as there were no periods of incapacitation and visual acuity was not worse than 20/70 in each eye.

The Veteran withdrew his appeal to reopen the claim of entitlement to service connection for colon cancer.

The Veteran's current respiratory disability, including coccidiomycosis, is not considered to have resulted from service. The Board found that the Veteran's COPD and respiratory symptoms are more likely related to his tobacco abuse.

The Board has determined that the Veteran's death was due to his service-connected asbestos-related disease, malignant mesothelioma. The claim for service connection for the cause of the Veteran's death is granted.

The Board has dismissed the appeal due to the Veteran's withdrawal of his appeal concerning the issue of entitlement to service connection for a dental condition.

The Veteran withdrew his appeal for service connection of an acquired adjustment disorder.

The Veteran's initial rating for the right lower quadrant flap revision was denied, as his condition did not meet the criteria for a higher evaluation.

The Veteran's claims for increased ratings for bilateral knee disabilities were denied as the evidence did not show that her service-connected patellofemoral pain syndrome required frequent hospitalization, was unusual, or caused marked interference with employment.

The Veteran is seeking service connection for emphysema and mesothelioma, which he claims are related to his military service. The Board has determined that additional development is needed before the issue can be decided.

The Board has granted service connection for an eye disorder, claimed as retinal detachment of the right eye, finding that the Veteran's current disability is related to his in-service injury.

The Board has determined that new and material evidence has not been submitted to reopen the Veteran's claim of entitlement to service connection for a left hip replacement, as the additional evidence does not raise a reasonable possibility of substantiating the claim.

The Veteran's nonservice-connected pension benefits were not apportioned to the appellant due to undue hardship on the Veteran, and her expenses did not exceed her income.

The Veteran's MRSA infection and resulting disability are not service-connected under the provisions of 38 U.S.C.A. § 1151, as there is no evidence that his carelessness or negligence caused it.