Other conditions decisions — 2010

The Veteran's appeal is being remanded to obtain proper notice and a VA examination for his claims. The issues are whether he has new evidence that would reopen his claim for service connection for carcinoma of the throat, and if so, whether he is entitled to compensation under 38 U.S.C.A. § 1151 for a nervous disorder due to medical treatment provided by VA in 1975.

The Board has determined that the Veteran's venous insufficiency of the bilateral lower extremities was not incurred in or aggravated during active service, and is not proximately due to or the result of a service connected disease or injury.

The Board has ordered a new VA examination to determine the severity and manifestations of the Veteran's epididymitis, including whether he has voiding dysfunction or other urologic complications associated with his service-connected condition.

The Board has remanded the case due to pending issues and potential service connection for malignant mesothelioma, which is inextricably intertwined with the total disability evaluation based on individual unemployability. The Veteran's claim of entitlement to a total disability rating based on individual unemployability must be deferred until these issues are resolved.

The Board has remanded the case for further development, including a VA examination to determine if the Veteran currently suffers from bilateral Eustachian tube dysfunction and whether such is related to his service or aggravated by a service-connected disability (right external otitis).

The Board has determined that the Veteran's cataracts were not incurred in or aggravated by active service, nor may they be presumed to have been so incurred or aggravated due to exposure to ionizing radiation. The evidence does not establish a link between the Veteran's current cataracts and his military service.

The Veteran's appeal was denied for a rating in excess of 10 percent for recurrent dislocation of the left patella, and an initial compensable evaluation for bilateral hearing loss. The current ratings assigned do not meet the criteria for higher evaluations.

The Veteran's claim for a higher rating for his chronic back strain is being remanded due to the need for additional examination and development of records.

The Board has decided in favor of the Veteran, granting service connection for congestive heart failure and cardiomyopathy.

The Board has decided to remand the case for further development regarding whether the Veteran's death from mesothelioma was related to service, specifically exposure to asbestos aboard the USS Clifton Sprague or at a Naval shipyard.

The Veteran's claim for an increased disability evaluation for his service-connected fissure in ano is being remanded due to the need for further examination and consideration of the severity of his condition.

The Veteran's peptic ulcer disease status post two vagotomies and one gastrectomy, Billroth II, is currently rated at 40 percent disabling. The Board found that the current evaluation represents his predominant disability picture and does not warrant an evaluation in excess of 40 percent under Diagnostic Code 7308.

The Board has remanded the case due to the need for additional development, including a review of the March 1997 private treatment record and an addendum from the July 2007 VA examiner.

The Veteran's cause of death is found to be service-connected due to his exposure to Agent Orange during service. Service connection for squamous cell carcinoma of the tongue is granted, but service connection for cancer of the larynx is denied. Basic eligibility for DEA benefits is established.

The Board has determined that the Veteran's bilateral lattice degeneration does not meet the criteria for a compensable rating under any applicable diagnostic code.

The Veteran is seeking service connection for vasovagal attacks and disequilibrium with dizziness. The Board has determined that further development is needed to determine the nature and etiology of these conditions.

The Veteran's claim for accrued pension benefits was denied as she did not survive to the next month after her death.

The Veteran's request for service connection for a neck condition is being remanded due to his failure to appear at the scheduled hearing.

The Veteran's failure to report his Social Security income resulted in a $7801.00 overpayment of nonservice-connected pension debt. The Board found no bad faith, but granted the waiver due to the Veteran's financial situation and lack of fault on VA's part.

The Veteran's current groin condition, diagnosed as fibromyalgia, degenerative joint disease, and groin pain, is due to a problem that first manifested during active military service. The Board finds this condition related to his military service.