Other conditions decisions — 2010

The Board has determined that the Veteran's death was caused by atherosclerotic cardiovascular disease, which is presumed to be related to his service in Vietnam. The VA will seek clarification from the Tacoma Chief Medical Examiner regarding the cause of death and review the medical records for any additional information needed to determine if the Veteran's service-connected conditions contributed to his death.

The Board found that the Veteran's claimed upper extremity disorders, bowel dysfunction, and bladder dysfunction are not etiologically related to active service or a service-connected disability. The Veteran's cervical spine disorder is service connected.

The case is being remanded for further development including adjudicating pending service connection claims and providing a VA examination to assess the severity of the Veteran's disabilities, particularly cervical spine disability and facial dystonia. The issue of TDIU will be reconsidered in light of all pertinent evidence.

The Veteran's claim for a higher rating for residuals of a fracture of the proximal radial head of the right elbow, other than neurological residuals, was denied. However, his claim for an initial rating higher than 10 percent for neurological residuals of a fracture of the proximal radial head of the right elbow was granted with a 10% rating effective April 28, 2008.

The Board has ordered a remand to determine the relationship between the Veteran's service-connected hypertension and any current left eye disability, including whether it caused or worsened such disability.

The VA denied the Veteran's claim for compensation under 38 U.S.C.A. § 1151, finding that his infection and gangrene were not caused by carelessness or negligence on the part of VA.

The Veteran's claims for an initial rating in excess of 60 percent for focal myonecrosis with muscle atrophy of the left paraspinous muscles and for an effective date prior to August 26, 2004, for compensation under 38 U.S.C.A. § 1151 were denied.

The Veteran's lateral epicondylitis left elbow is currently evaluated as noncompensable due to the lack of flexion and extension limitations meeting the criteria for a compensable rating.

The Veteran's claim of entitlement to benefits under 38 U.S.C.A. § 1151 for a bilateral foot disorder resulting from hospitalization and medical treatment received at a VA Medical Center in 1976 is being remanded due to the need for additional development, including an examination by a specialist in neurology.

The Board found no evidence of a chronic neurological disorder in service and determined that the Veteran's current carpal tunnel syndrome with superimposed ulnar sensory neuropathy is less likely due to his in-service injuries. As such, service connection for residuals of left brachial plexus trauma was denied.

The Board denied the Veteran's claim for service connection for colon cancer due to ionizing radiation as there was no credible evidence linking his current condition to his military service, including exposure to ionizing radiation.

The Veteran does not have a skin disorder of the arms, legs and face that is due to or aggravated by active service.

The Veteran's brain tumor is being remanded for a VA examination to determine if it is related to his service at Camp Lejeune, where he was exposed to contaminated water. The claim will be reconsidered based on the results of this examination.

The Veteran's claim for service connection for squamous cell cancer, claimed as due to exposure to mustard gas, is being remanded. The issue of entitlement to VA outpatient dental treatment for his dental problems remains on appeal.

The Veteran's appeal is being remanded for additional examinations and to obtain medical records. The claims include service connection for jungle rot of the left hand, a skin disorder of the hands and feet, and an increased evaluation for a lumbar spine disability.

The Veteran's claim for service connection for a root canal performed during service for compensation purposes is denied as the law does not allow such claims.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's current respiratory disorder is related to his in-service asbestos exposure. The Veteran must provide medical records and undergo a VA examination to determine if any diagnosed lung disability is related to service, including post-service boilermaker employment.

The Veteran's appeal is denied as he does not meet the service requirements necessary to establish basic eligibility for nonservice-connected disability pension benefits.

The Board granted a 30 percent rating for right hand numbness and a 20 percent rating for left hand numbness, finding that the Veteran's symptoms more nearly approximated moderate incomplete paralysis of the ulnar nerve.

The Board dismissed the appeal due to the Veteran's death, as it has no jurisdiction to adjudicate the merits of this claim.