Other conditions decisions — 2010

The Veteran's claim for service connection for a skin disorder is denied. The Board finds that the preponderance of evidence does not support the claim, as there is no medical evidence after discharge of a current skin problem. For the other issues on appeal, the Board notes that the Veteran has been granted increased ratings for his service-connected disabilities and the claims are therefore considered to be resolved in his favor.

The Board has determined that the Veteran's service connection claims for bilateral deep vein thrombosis and a bilateral eye disorder are denied as there is no competent medical evidence linking these conditions to his military service.

The Board has determined that the Veteran's scoliosis existed prior to service and was not aggravated by service. Therefore, the claim for service connection is granted.

The Board denied the Veteran's claims of service connection for residuals of a shell fragment wound of the right posterior chest, arthritis of the neck and back, and fatigue. The rating assigned for the residual of the SFW was 10 percent.

The Veteran's lymphoblastic lymphoma, which is presumed to be due to herbicide exposure in Vietnam, was deemed the principal cause of his death. As this condition is service-connected, the claim for service connection for the cause of death is granted.

The Board has remanded the case for further development due to inadequate VCAA notice. The appellant's claim for DIC under 38 U.S.C.A. § 1151 is on appeal.

The Board has decided to remand the case for a VA medical examination to determine if the Veteran's gait ataxia is related to his service, including exposure to herbicides. The Veteran will be provided with another opportunity to respond after the examination results are considered.

The Board has determined that an examination is necessary to determine the nature and etiology of any current right hip disability. The Veteran's claim for service connection will be remanded for further development.

The Veteran's bladder disability is not found to be proximately due to, the result of, or aggravated by her service-connected pelvic abscess and adhesions. The Veteran's varicose veins are currently evaluated as 40 percent disabling prior to February 29, 2008, and as 70 percent disabling from that date.

The Board found that the Veteran's cause of death was due to a myocardial infarction, and not his cancer. The Board concluded that the Veteran's cancer did not contribute to his cause of death.

The Veteran's service-connected bilateral submandibular gland disability is shown to be manifested by hoarseness, with thickening or nodules of cords and submucous infiltration. The RO granted an increased 10 percent rating for the service-connected s/p bilateral submandibular gland excision with parotid swelling.

The Veteran's service-connected residuals of a hypertensive CVA are rated at 10 percent since May 21, 2008 for speech difficulties and no separate rating is assigned for bilateral leg weakness.

The Board has remanded the case for additional development, including a VA examination to determine the nature and etiology of the Veteran's right elbow disability.

The Veteran's son, B.B., died of cardiac arrest during a surgical procedure. The appellant seeks death benefits based on the Veteran's exposure to Agent Orange, but is denied as there is no applicable law or regulation for her claim.

The Board has decided to remand the case for further examination and opinion regarding whether the Veteran's current right eye condition is aggravated by his service-connected diabetes mellitus type II.

The Board denied the Veteran's claims for service connection for any acquired sleep or respiratory disorder and an increased rating for low back strain. The claim for a higher evaluation for low back strain was denied as there was no evidence of forward flexion to 30 degrees or less, nor ankylosis of the thoracolumbar spine.

The Veteran's VA Form 9 was not filed within the required 60-day period after receiving the Statement of the Case, and thus her appeal is denied.

The Veteran's claims are being remanded for additional development, including obtaining VA treatment records and providing VCAA notice.

The Veteran's claims for increased ratings were denied as his conditions did not meet the criteria for higher disability ratings under VA's rating schedule.

The Veteran's claim for an increased rating for his service-connected right knee disability is being remanded due to the need for a new VA examination and clarification of current treatment records.