Other conditions decisions — 2010

The Board denied the reopening of the claim for service connection for left hip pain, finding that no new and material evidence had been presented to support the claim.

The Veteran's gout of the left big toe is manifested by exacerbations occurring several times a year, without weight loss or anemia, and does not meet the criteria for a higher evaluation.

The Board denied the Veteran's claim for a compensable evaluation for his right inguinal hernia, finding that the evidence did not show a postoperative recurrent hernia that was readily reducible and well supported by a truss or belt.

The Board has determined that the Veteran's right hip degenerative changes are likely due to her service, and thus grants service connection for this condition.

The Board denied the reinstatement of nonservice-connected death pension benefits due to the appellant's income exceeding the maximum allowable rate for a surviving spouse with no dependents in 2005, 2006, 2007, 2008, and 2009.

The Board denied the Veteran's claim for an effective date prior to September 1, 1991 for payment of additional compensation benefits for his child S. The decision found that no certified birth certificate was received by VA prior to November 12, 1991.

The Board has remanded the case for further development, including obtaining a VA medical opinion to determine if the Veteran's sleep disorder is related to his service-connected PTSD or an undiagnosed illness due to Gulf War service.

The Veteran's cyst residuals are rated at a 20 percent disability rating, reflecting the extensive scar tissue affecting an area of greater than twelve square inches. The Board found that Diagnostic Code 7801 provided the most appropriate criteria for evaluating his service-connected condition.

The Board found that the Veteran's STRs do not show any chronic lung disorder during service, and his current diagnosis of a lung disorder is not linked to his military service. The claim for service connection was denied.

The Board has granted service connection for a lung disability due to asbestos exposure, effective from the date of receipt of the claim. The Veteran's military records show he was exposed to jobs that could have involved asbestos exposure during his service.

The Board has determined that the Veteran's left eye blepharitis with trichiasis was incurred during his period of active service and grants service connection for this condition.

The Board has ordered a remand to obtain additional medical opinions and records in order to determine if the Veteran's current thoracic spine disability is related to service, including any fall from a tree during active duty.

The Veteran's retinopathy and uveitis are manifested by corrected distance vision acuity of 20/40 in the right eye and 20/25 in the left eye, with normal visual fields. The VA adjudicator determined that these findings do not meet the criteria for a compensable rating under the applicable diagnostic codes.

The Veteran's stomach condition (other than diarrhea) is not service connected due to lack of evidence linking it to his military service. The disability manifested by fatigue has also been denied as there are no objective indications of such a condition.

The Board found that the Veteran's current bilateral hip avascular necrosis was not shown in service or for many years thereafter, and is not etiologically related to his active service.

The Board found that the March 1979 rating decision, which assigned a noncompensable rating for glossopharyngeal neuralgia, was not clearly and unmistakably erroneous. The claim for an earlier effective date for the grant of a 30% rating for glossopharyngeal neuralgia is denied as it is not factually ascertainable that the disability increased to a 30 percent degree within the year preceding October 7, 2002. The claim for a higher rating than 30% for glossopharyngeal neuralgia is also denied.

The Veteran withdrew his appeals for service connection for a muscle injury of the left calf and an increased initial disability evaluation for degenerative joint disease of the right hand.

The Board has decided to remand the case for further development, including obtaining in-service treatment records and scheduling a VA examination.

The Board has determined that the Veteran's right hand disability, specifically a fracture to the fourth metacarpal, warrants a 10 percent rating.

The Board found that the Veteran's gastrointestinal disorder did not have a chronic in-service onset and was not caused by any incident of service, including herbicide exposure. Therefore, his claim for service connection is denied.