Other conditions decisions — 2010

The Board has determined that the Veteran's heart attack was caused by inservice exposure to chemicals, and thus service connection is granted.

The Veteran's service-connected recurrent pneumonia does not prevent him from securing or following a substantially gainful occupation.

The Board denied the appellant's request to reopen her claim for apportionment of the Veteran's compensation benefits, finding that no new and material evidence had been submitted. The decision is final as she did not appeal the RO's denial.

The Board found that the Veteran's total hysterectomy with bilateral salpingo-oophorectomy was not caused by VA negligence and denied her claim for compensation under 38 U.S.C.A. § 1151.

The Board has granted service connection for a hiatal hernia with esophagitis, recurrent bilateral Morton's neuroma, and dysthymic disorder. The Veteran's claims are also reopened due to the submission of new evidence.

The Veteran's service-connected shell fragment wound of the right posterior thorax with retained foreign body has been manifested by healed scarring, occasional tenderness, and intermittent pain in the chest wall area. The Board denied a rating in excess of 10 percent.

The Board has remanded the claims for further development due to new evidence submitted by the Veteran.

The Veteran's fatigue due to toxin exposure has not resulted in any periods of incapacitation, and thus does not meet the criteria for a compensable disability rating.

The Board has remanded the case for additional development, including obtaining VA and non-VA medical records related to bronchiectasis and conducting a new VA examination if needed. The Veteran's claim of entitlement to service connection for bronchiectasis, as secondary to nicotine dependence, will be reconsidered.

The Veteran's ulcerative colitis is currently manifested by eight to twelve bowel movements per day, with occasional nausea and no significant weight loss or health issues. The current evaluation of 30 percent adequately reflects the severity of his disability.

The Board has granted an effective date of June 4, 1970 for the award of service connection for short bowel syndrome. The claim for a TDIU due to short bowel syndrome is remanded as further development is required.

The Board found that the termination of the Veteran's nonservice-connected pension benefits in November 2004 was unwarranted due to unreported income and unreimbursed medical expenses. The Veteran's total income for 2001, after excluding certain amounts, is $12,089, which is less than the maximum allowable pension rate.

The Board found that bilateral chondromalacia of the patella was not incurred in or aggravated by active service.

The Veteran's claim for service connection of a chronic sinus disorder is being remanded due to the need for further medical examination.

The Board has determined that the Veteran's TMJ dysfunction is attributable to service and grants the claim for service connection.

The Veteran's appeal has been dismissed due to his death, and the Board does not have jurisdiction to adjudicate the merits of these claims.

The Board finds that the Veteran's death was not caused by, or substantially or materially contributed to by, any service-connected disability. The causes of death - sepsis due to aspiration pneumonia and old brain stroke - are not linked to his military service.

The Board has determined that the Veteran's onychomycosis was not incurred in or aggravated by service and denied his claim.

The Veteran's thoracic spine disability was previously rated at 20 percent prior to January 15, 2007. From that date, the VA has increased his rating to 40 percent.

The Board has restored the 40 percent evaluation for bilateral defective hearing and granted an increased rating to 50 percent effective from October 10, 2009.