Other conditions decisions — 2010

The Veteran's appeal is being remanded for clarification regarding representation and further development of the claim.

The Veteran's claims for service connection for bilateral cataracts and PTSD, as well as his TDIU claim, were all denied by the Board. The denial of these claims is the final decision in this matter.

The Board has remanded the case for additional development, including obtaining service treatment records and information from the Defense Threat Reduction Agency regarding the Veteran's alleged exposure to radiation while on active duty.

The Veteran's claim for a 10 percent rating under 38 C.F.R. § 3.324 was denied in the September 1993 and March 1994 rating decisions, which were not appealed. The effective date of the current grant of a 10 percent rating based on multiple noncompensable service-connected disabilities is August 31, 2005.

The Veteran died of chronic granulocytic leukemia, which was not service-connected. The Board found no evidence to support the claim that his death was caused by exposure to ionizing radiation during service.

The Board denied the Veteran's claims for service connection for a leg length discrepancy and a bilateral upper extremity disorder manifested by weakness and numbness, finding no clear evidence of these conditions prior to service or that they were caused by military service.

The Veteran's appeal is remanded due to the need for additional development, including a VA genitourinary examination and obtaining medical records. The issue of service connection for loss of sphincter control secondary to prostate cancer treatment was previously referred but not addressed in this decision.

The Veteran's right wrist condition is not service-connected, and his claim for increased rating of left wrist disability was denied due to failure to cooperate with VA examination.

The Veteran's dysthymic disorder rendered him demonstrably unable to obtain or retain employment, warranting a 50 percent disability rating.

The Board has remanded the Veteran's claims for additional development due to recent medical records and incomplete examination reports.

The Veteran seeks compensation under 38 U.S.C.A. § 1151 for nerve damage, manifested as urinary frequency and discomfort, secondary to an exploratory laparotomy in April 2002. The Board has ordered a remand to obtain additional medical opinions regarding the relationship between the Veteran's urological difficulties and VA treatment or surgery received in April 2002.

The Veteran is seeking service connection for residuals of a head injury. The case has been remanded due to the need for additional development, including obtaining in-service treatment records and determining if any current residuals are related to active service.

The Board has granted separate disability ratings of 10 percent for radiculopathy of the right and left lower extremities, finding that there is objective evidence of chronic nerve root involvement with radiating pain and reduced reflexes in both legs.

The Veteran's service connection claims for angiodysplasia of the small intestine and iron-deficiency anemia, to include as secondary to his angiodysplasia, are denied. The Board finds that there is no evidence linking these conditions to military service or any in-service chemical exposure.

The Board has determined that the Veteran does not have a current diagnosis of a neurologic disability involving his lower extremities, and therefore service connection for these conditions is denied.

The Veteran's residuals of a right fifth metatarsal fracture are rated as noncompensable (0 percent) under Diagnostic Code 5299-5284 for foot injuries. The evidence does not support a compensable rating.

The Board found that the Veteran's death was not caused by any service-connected disability, including those potentially related to his in-service exposure to herbicide agents. The claim for service connection for the cause of death is denied.

The Veteran's claim for a higher rating for his service-connected residuals of compression fractures of L2 and L4 is being remanded due to the need for additional examinations and development.

The Board has determined that the Veteran's squamous cell carcinoma of the base of the tongue is a respiratory cancer and therefore presumptively related to his presumed exposure to herbicides in Vietnam. As such, service connection for this condition is granted.

The Board has granted the Veteran's motion for CUE, finding that the April 1978 rating decision incorrectly denied service connection for diplopia due to a misinterpretation of his pre-existing condition. The claim is now reviewed de novo and granted.