Other conditions decisions — 2010

The Board has remanded the case due to deficiencies in VCAA notices and because the issue of service connection for a chronic helicobacter pylori disorder is inextricably intertwined with the claim of whether new and material evidence has been received to reopen the Veteran's claim of entitlement to service connection for gastroenteritis.

The Board denied the Veteran's claim for service connection for osteoporosis as secondary to her service-connected thyroid condition, finding that there is no medical evidence of a nexus between the current osteoporosis and her service-connected thyroid condition.

The Board finds that the metastatic squamous cell carcinoma is likely due to herbicide exposure during service and grants service connection for this condition.

The Board denied the Veteran's claims for service connection for a psychiatric disorder and osteoarthritis, both secondary to his service-connected postoperative residuals of subtotal gastrectomy, as well as his claim for TDIU.

The Board has granted service connection for diplopia, finding that the Veteran's current double vision is related to a fourth cranial nerve palsy injury sustained during his in-service automobile accident. The visual disorder manifested by faulty depth perception remains unresolved.

The Veteran's claim for service connection for brain tumor meningioma as due to ionizing radiation exposure was denied because there was no evidence of in-service ionizing radiation exposure, and the disease did not manifest within a presumptive period.

The Veteran's claim for benefits under the provisions of 38 U.S.C.A. § 1151 is being remanded due to the need for additional development, including obtaining medical records and conducting a VA examination.

The Veteran is seeking service connection for a heart condition, specifically mitral valve dysfunction with bacterial endocarditis. The Board has determined that additional development is necessary to properly adjudicate this claim.

The Veteran's claims for service connection for cystocele repair with intermittent urinary incontinence and hematuria and urinary tract infection were denied. The Board found no competent evidence linking these conditions to her military service.

The Veteran's right foot disability, including a chip fracture and traumatic arthritis hallux limitus, is currently rated as moderate with no higher due to the lack of severe symptoms or involvement of multiple joints.

The Veteran's appeal for an initial compensable rating for hearing loss in the left ear was denied. The claim for service connection for a low back disorder was not reopened due to lack of new and material evidence. The psychiatric disability claim, including PTSD, is addressed separately.

The Veteran seeks payment or reimbursement for emergency medical expenses at John Muir Medical Center due to chest pains and trouble breathing. The Board finds that additional development is needed, including obtaining the Veteran's periods of active service and determining whether he has any service-connected disabilities.

The Board has determined that the appellant's right foot bunion is at least as likely as not related to service and grants service connection for this condition.

The Board denied the appellant's application to reopen her forfeiture of VA benefits, finding that no new and material evidence had been submitted.

The Veteran's claim for special monthly pension based on the need for regular aid and attendance or by reason of being housebound is remanded due to the need for additional VA medical records, clarification of SSA disability benefits, and a VA examination.

The Board has granted service connection for endometriosis and a total hysterectomy, finding that the Veteran's in-service endometriosis played a significant role leading up to her need for a hysterectomy.

The Board granted service connection for cold injury to the bilateral hands and assigned an initial rating of 30 percent for residuals of cold injury to both feet. The decision is based on the Veteran's credible statements about his exposure to cold during parachute jumps in service.

The Veteran's service-connected heart conditions required emergency treatment at a private hospital, and the Board finds that reimbursement for these expenses is warranted.

The Board denied the Veteran's claim of service connection for residuals of a back strain in December 1990. The RO denied the claim again in June 2005, finding that there was no evidence linking current back disability to service. New and material evidence has not been received since then.

The Board has reopened the claim of entitlement to recognition as the Veteran's surviving spouse due to new and material evidence. The Appellant is found to have entered into a marriage that was valid under the laws of Puerto Rico, despite not having completed the Deemed Valid Development Questionnaire, which she claims was filled out by her friend without her knowledge.