Other conditions decisions — 2010

The Veteran's daughter has been diagnosed with spina bifida, but the Veteran did not serve in the Republic of Vietnam. Therefore, she is not eligible for benefits under 38 U.S.C.A. § 1805.

The Board has remanded the case for further development of the service connection claim, including obtaining additional service personnel records and verifying herbicide exposure in Thailand. The dependent's educational benefits issue is dependent on the outcome of the service connection claim.

The Veteran's stomach infections and chronic epididymitis are not service-connected under the provisions of 38 U.S.C.A. § 1151, nor does he meet the criteria for an initial rating greater than 30 percent for his chronic epididymitis.

The Veteran's right and left knee disabilities have been rated at 10 percent prior to August 27, 2009. Effective September 28, 2004, the Veteran has been granted a rating of 30 percent for instability in both knees.,The current ratings do not reflect the severity of the Veteran's knee disabilities and instability.

The Veteran's claim for a higher initial rating and an earlier effective date for a 10 percent rating for a residual scar from an epigastric hernia repair was granted. The effective date is set at August 25, 2003.

The Veteran's postoperative radical prostatectomy residuals are manifested by urinary frequency and incontinence requiring the wearing of absorbent materials less than 4 times per day, without evidence of renal dysfunction or reoccurrence of cancer. The criteria for a rating in excess of 40% have not been met.

The Board denied the Veteran's claims for service connection for residuals of a broken left foot and blood poisoning (including liver damage) as new and material evidence had not been submitted to reopen these claims.

The Board denied the Appellant's claim as new and material evidence was not presented to reopen his case regarding whether his discharge from service is a bar to VA benefits.

The Board has determined that the Veteran's claim for service connection for Lyme disease cannot be reopened as there is no new and material evidence to support it. The claims for arthritis of both feet, fibromyalgia, migraine headaches, an acquired psychiatric disorder (claimed as a 'nerve condition; depression'), and bleeding from the bowels have all been denied.

The Veteran's claim for service connection for residuals of testicular cancer, to include as due to herbicide exposure, is denied because there is no medical evidence or opinion suggesting a link between the condition and his military service.

The Veteran withdrew his appeal on the remaining claims of service connection for a throat condition and the claims for increase in residuals of fracture of the right navicular bone (wrist) and hemorrhoids.

The Board has determined that the Veteran's right retropatellar pain syndrome with a history of grade I strain does not warrant an initial compensable evaluation.

The Board has determined that the Veteran's TB and its residuals, including coughing up blood, were incurred in active service. However, the Veteran does not have a current diagnosis of any other claimed conditions.

The Board finds that the Veteran does not have a chronic disability manifested by loss of feeling in the arms and hands, and there is no evidence to relate this claimed disability to service or a service-connected condition. The claims for depression, HIV, lumbar disc syndrome, left hallux valgus, right hallux valgus, post-operative residuals of bilateral inguinal hernia, and TDIU are also denied.

The Veteran's chipped tooth incurred during service is eligible for VA outpatient dental treatment, and the claim for service connection for dental trauma for compensation purposes is granted.

The Veteran's squamous cell carcinoma of the left frontal scalp and left anterior helix was not incurred during active service, nor may it be presumed to have been incurred during service. The Board finds that there is no evidence of a relationship between the claimed condition and military service.

The Veteran's claim for TDIU is being remanded due to the need for a hearing before a Veterans Law Judge at the RO.

The Veteran's dates of active duty, including any service in Vietnam, have not been officially verified. The claimant is seeking benefits under a specific VA law for a child born with defects. Her appeal has been remanded due to the need for scheduling a hearing before a Veterans Law Judge at her local RO.

The Board denied service connection for a throat condition and a finger condition, finding no current disability related to service.

The Board denied the Veteran's claim of entitlement to service connection for a dental condition (also claimed as a teeth condition) as secondary to service-connected residuals of dental injury to teeth numbers 3, 4, 7, 8, 9, 10, 12, 13, 14, and 23 with bruxism due to lack of evidence showing that the Veteran's missing or intact non-service-connected teeth were related to his service-connected dental condition.