Other conditions decisions — 2010

The Veteran died of metastatic non-small cell cancer, which was diagnosed in 1992. The VA did not act with carelessness, negligence, lack of proper skill, or error in judgment when treating the Veteran's lung cancer.

The Board has remanded the case for further development, including obtaining a medical opinion regarding the etiology of any diagnosed gastrointestinal disorders and clarifying whether the Veteran's nausea is related to his time in active duty.

The Board has determined that the Veteran does not have a current diagnosis of testicular torsion, but he was diagnosed with a left inguinal hernia. The medical evidence does not support an in-service incurrence or a nexus to service for his left inguinal hernia.

The Board has determined that there is no current evidence of TMJ disease, and the Veteran's complaints are attributed to myofascial pain syndrome. As a result, service connection for TMJ disease is denied.

The Veteran's flu-like symptoms are found to be a manifestation of his service-connected delusional disorder, and thus not separately ratable. The claim for service connection is denied.

The Veteran's service-connected left great toe arthritis is currently rated at 10 percent, but the Board finds that it does not warrant a higher rating based on current symptoms and examination findings.

The Veteran's service-connected bacterial streptococcus viridans endocarditis, status post mitral valve and aortic valve replacement, is currently rated at 60 percent disabling as of October 18, 2005. The evidence does not meet the criteria for an increased rating beyond this level.

The Board denied reopening the claim for service connection for a back disability due to lack of new and material evidence.

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

The Veteran withdrew his appeal concerning the claim of entitlement to specially adapted housing.

The Veteran's bladder infection and sterility claims are denied as there is no current evidence of these conditions. The left varicocele rating claim will be remanded for further development.

The Veteran's skin disorder is being remanded for further examination and opinion to determine if it was incurred during his active duty service.

The Board has denied the Veteran's claim for service connection for a skin disability, finding that there is no evidence of a current skin disability or any nexus to military service. The issue of overpayment waiver was also addressed but not yet adjudicated.

The Veteran's claim for service connection for the residuals of an INH regimen prescribed following a positive PPD test is denied as there is no evidence of a chronic disability resulting from this treatment.

The Veteran's claims for service connection were denied as his conditions are not related to service or service-connected disabilities. The claim to reopen the cervical and lumbar spine disorders was also denied.

The Board has determined that the Veteran's claim for service connection for a disability manifested by abnormal blood chemistry, currently diagnosed as hirsutism, requires additional development and remand to obtain relevant medical records and conduct a VA examination.

The Board denied the appellant's claim for additional DIC benefits based on adoption of a child, J.G.T., finding that the legal relationship between the appellant and J.G.T. in the two year period following the Veteran's death was considered a kinship guardianship, not an adopted child as defined by VA regulations.

The Board denied the Veteran's claims for service connection for numbness and tingling in the hands and feet, dry mouth, elbow aches, and sleep problems as due to an undiagnosed illness. The evidence did not support these claims.

The Board found that a common law marriage did not exist between the appellant and the Veteran, thus denying her recognition as his surviving spouse for VA purposes.

The case is being remanded for the preparation of an audit to determine the amount of overpaid VA benefits and a decision on the validity of the debt.