Other conditions decisions — 2010

The Veteran's front lobe dementia was not incurred or aggravated by service, as there is no evidence of a significant head injury in service and the symptoms did not manifest until decades after separation. The Board found that the Veteran's wife's history provided during treatment for her husband was more credible than subsequent histories suggesting an in-service onset.

The Board has remanded the case for further development, including a dose assessment from the Under Secretary for Health and an opinion from a VA examiner regarding exposure to ionizing radiation in service. The appeal is now pending again.

The Board found that the Veteran's death was not caused or substantially contributed to by any service-connected disability, including shell fragment wounds. The cause of death listed on his certificate of death was sepsis due to bowel perforation and sigmoid volvulus.

The Board denied the claim for service connection for the cause of death, finding that there was no evidence linking the Veteran's schizophrenia to his cardiovascular issues or death.

The Veteran's service-connected shell fragment wounds to the right and left upper extremities are each rated at 10% under DCs 5206-5208 for limitation of motion. The Veteran's PTSD is currently rated as 30% prior to April 18, 2008, and 50% since that date.

The Board finds that the Veteran's right hip and thigh disorder was permanently aggravated by active duty training, which resulted in increased pain and disability.

The Veteran's claim for a disability evaluation in excess of 20 percent for peptic ulcer disease with Barrett's esophagus is being remanded due to the need for additional development, including obtaining VA and private treatment records, as well as an updated VA examination.

The Board has determined that the Veteran's mesothelioma, which caused his death, was related to asbestos exposure during service aboard naval vessels. As a result, the claim for cause of death is granted.

The Board denied the Veteran's claims for higher ratings for his spondylolisthesis of L5-S1 and sacroiliac dysfunction, left lower extremity radiculopathy, and right lower extremity radiculopathy. The current ratings are found to be appropriate based on the evidence of record.

The Board denied the Veteran's application to reopen his claim of service connection for arthritis of the hips, finding that new and material evidence had not been received.

The Board has remanded the case due to the need for additional evidence and a new VA examination.

The Veteran's cause of death was determined to be due to small cell lung cancer, which is presumed service-connected based on exposure to herbicides during his Vietnam service.

The Board has ordered the VA to obtain missing documents and provide further analysis of the validity of the Veteran's debt, including his Social Security benefits. The Veteran will be provided with financial status reports and medical expense information for each year involved in the creation of his debt.

The Board denied the Veteran's petition to reopen his claim for service connection for ptosis and vision problems, finding no new and material evidence. The claim for residuals of loss of teeth due to periodontitis is addressed in the REMAND portion.

The Veteran's claim for an increased evaluation of varicose veins of the left lower extremity was denied. The Board found that the evidence did not support a rating in excess of 10 percent.

The Veteran's mood disorder was rated at 50 percent prior to August 10, 2007 and at 70 percent since then. The Board found that the evidence did not support a higher rating.

The Veteran's service-connected residuals of tendon laceration and rupture of the left middle finger are rated at 10 percent, with a separate compensable rating for the scar. The initial evaluation for the open fracture of the right first metatarsal is also granted.

The Veteran's claim for service connection for a left ear disability manifested by bleeding of the left ear was denied because there is no medical evidence of a current disability. The claim for numbness in hands, to include as due to undiagnosed illness, remains pending and will be remanded.

The Board denied the Veteran's request to reopen his claim for service connection for bilateral optic atrophy, finding no new and material evidence had been submitted.

The Veteran's claim for special monthly compensation based on the need for regular aid and attendance was granted effective May 25, 2006. The decision does not address service connection or other issues.