Other conditions decisions — 2010

The Veteran's appeal is remanded due to the need for a new VA examination and additional treatment records. The issue of an initial compensable rating for steroid-induced osteoporosis remains pending.

The Veteran seeks service connection for a skin disability of the hands, which is currently treated with medication. The Board notes that Gulf War Registry examination records are needed to determine if his current condition may be related to exposure during his time in Southwest Asia.

The Veteran claims service connection for a pulmonary disorder secondary to his service-connected cervical and thoracolumbar degenerative disc disease. The Board has determined that further development is needed, including obtaining medical records from Drs. Hamner and Gifford, scheduling the Veteran for appropriate examinations by pulmonologist and neurologist, and ensuring compliance with examination reports.

The Veteran's appeal for service connection for myasthenia gravis has been dismissed due to the death of the Veteran.

The VA denied service connection for squamous cell carcinoma of the left tonsil, finding that it was not related to service or herbicide exposure.

The Board has granted service connection for bilateral shin splints, finding that the Veteran had this condition in service and currently experiences symptoms related to it. The right shoulder disability issue remains pending.

The Board has granted the Veteran's application to reopen his claim for service connection for costochondritis and determined that he has a current disability (costochondritis) related to an in-service chest injury, thus granting service connection.

The Veteran's appeal involves two issues: one regarding special monthly compensation based on aid and attendance, and the other about reopening his claim for service connection of multiple myeloma secondary to Agent Orange exposure. The Board has determined that new evidence was submitted sufficient to reopen the claim but denied it on the merits.

The Board has remanded the case for further development, including obtaining medical opinions and records to determine if the Veteran's current disabilities are related to his in-service cold injuries.

The Veteran's myofascial pain syndrome is currently rated at 20 percent, and the Board finds that this rating adequately addresses her complaints of neck and shoulder pain. The claim for an increased rating is denied.

The Board of Veterans' Appeals (BVA) has determined that the Veteran's compensation benefits were properly terminated due to his status as a fugitive felon.

The Veteran's death was not the result of his own willful misconduct, and at the time of death he had a service-connected disability rated as totally disabling for more than ten years. However, DIC is denied because there is no legal basis to grant the claim based on 'hypothetical entitlement' due to lack of evidence that would have resulted in a 100% disability rating prior to his death.

The Board of Veterans' Appeals (Board) found no clear and unmistakable error in the April 1969 rating decision that assigned a 40 percent evaluation for right pelvic girdle and thigh with peroneal palsy and retained foreign bodies, thigh, pelvis and hip. The Veteran's disability was rated under Diagnostic Code 8521 (for incomplete paralysis of the external popliteal nerve) based on his service treatment records showing complete peroneal palsy.

The Board has remanded the case to the Fayetteville VAMC for further development and adjudication due to procedural defects and need for additional evidence.

The Board denied the appellant's claims for evaluations of Peyronie's disease, status post right inguinal hernia repair, left varicocele, and migraine headaches. The appellant was also denied service connection for erectile dysfunction, lower abdominal pain, back pain, and skin irritation.

The Veteran's claim for an increased rating for umbilical hernia was denied since May 29, 2002. The Board found that the evidence did not meet the criteria for a compensable evaluation due to lack of symptoms warranting such a rating. The issue of service connection for residuals of a back injury is again before the Board.

The Veteran's service-connected streptococcus skin infection is rated at 10 percent, which is the maximum schedular rating available for this condition.

The Veteran's claim for an initial, compensable rating for residuals of a fracture of the right small finger was denied. The RO found that there is no evidence of limitation of motion or other functional loss due to the fracture.

The VA denied an increased evaluation for gout, currently rated at 20 percent.

The Veteran's lung cancer was rated at 30 percent prior to November 7, 2008 and the Board found that a higher rating is warranted beginning on that date.