Other conditions decisions — 2010

The Veteran claims service connection for post-operative residuals of breast cancer, including bilateral mastectomies, due to radiation exposure during her military service. The Board has remanded the case for further development and consideration.

The Veteran's claims for service connection for bumps or boils under the arms and swollen glands behind the ears, gastroenteritis manifested by stomach pain, bronchitis, sinusitis, sleep apnea, and residuals of injury to the left ankle are all denied. The claim for VA compensation benefits under 38 U.S.C.A. § 1151 for a left ankle disability is also denied.

The Veteran's appeal is remanded due to the need for additional development, including a VA gynecology examination.

The Veteran's service-connected status-post repair of retinal detachment and status-post prophylaxis of the retinal holes of both eyes is currently productive of pain and manifests by central visual acuity correctable to no better than 20/25 in one eye and 20/30 in the other, with a related progressively significant constriction on Goldmann visual field testing that more nearly approximates an average remaining field between 6 to 15 degrees in each eye at the present time. This warrants a 70 percent evaluation under applicable diagnostic codes.

The Board has determined that new and material evidence has not been received to reopen the claim of entitlement to service connection for the cause of the Veteran's death. The April 1999 rating decision is considered the last final denial, and no new or material evidence was submitted since then.

The Board has determined that the Veteran's bilateral femoral head avascular necrosis and arthritis of the hips have been aggravated by his service-connected bilateral pes planus, thus granting service connection for these conditions on a secondary basis.

The Board found that the Veteran's arthritis is not related to active service and did not manifest within one year of active service, thus denying his claim for service connection.

The Board has determined that the Veteran's service connection claim for residuals of a left foot stress fracture cannot be granted as there is no evidence to support his contention that he sustained such an injury in service and developed persistent disability since. The preponderance of the evidence does not support this claim.

The Board has ordered a VA examination to determine if the Veteran's fatigue, fever, and chills are related to her active service or an undiagnosed illness. The appeal is currently in remand status.

The Board found that the Veteran's service-connected PTSD did not cause his death or contribute substantially to it. The cause of death was a ruptured abdominal aortic aneurysm with an underlying infection, and there is no evidence linking the Veteran's PTSD to these conditions.

The Board has granted service connection for the Veteran's bilateral knee condition, finding that it is at least as likely as not related to his military service. The issue of a rating in excess of 20 percent for his cervical spine condition remains pending and will be remanded.

The Veteran's chronic epididymitis is currently rated at 10 percent, which is the maximum rating available under VA regulations. The disability does not meet criteria for a higher rating as it does not involve recurrent symptomatic infection requiring drainage or frequent hospitalization.

The Board has determined that the Veteran's current systemic lupus erythematosus was not first manifest during service or within one year after his separation from service, and therefore denied the claim for service connection.

The Veteran's postoperative left foot Morton's neuroma has been rated at 10 percent since December 1, 2005. The disability is currently manifested by moderate symptoms/functional impairment.

The Veteran's claim for service connection for a dental condition is being remanded due to the need for an adequate examination and consideration of all available evidence.

The Board has determined that the Veteran's left upper extremity ulnar neuritis more closely approximates severe incomplete paralysis, warranting a 30 percent disability rating.

The Veteran's claim is being remanded due to the need for adjudication of a claim regarding CUE in an August 1943 rating decision, as well as claims for earlier effective date and accrued benefits.

The Board denied the appellant's claim for nonservice-connected death pension benefits due to her income exceeding the established limit.

The Veteran's claim for an earlier effective date for a 100% disability rating for service-connected squamous cell carcinoma of the larynx is denied. The preponderance of evidence does not support an increase in severity prior to March 20, 2007.

The Board has remanded the case due to incomplete medical records and the need for a VA examination.