Other conditions decisions — 2010

The Board found that the Veteran's mitochondrial myopathy existed prior to service and did not increase in severity beyond its natural progression during active military service.

The Board has reopened the claim for service connection for residuals of a spinal injury, but further examination and opinion are needed to determine if there is a nexus between the Veteran's current spine disability and his military service.

The Veteran's claim for compensation under 38 U.S.C. § 1151 is being remanded due to the need for additional development, including scheduling a VA examination and considering new evidence.

The Board has remanded the case for further development, including obtaining service treatment records and scheduling a VA examination to determine if the Veteran's current back disability is related to his military service.

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

The Board has denied the Veteran's claim for service connection for residuals of a left foot and left big toe injury, finding that there is no medical evidence linking her current bilateral plantar fasciitis to any in-service incident or injury.

New evidence has been submitted suggesting the Veteran was exposed to cold weather in service, which may link his current disabilities to his military service. The claims are being reopened.

The Veteran's claim for an increased rating for his head trauma was granted, and the effective date of this increase is set at July 16, 2002.

The Board has remanded the case for further development, including a new VA examination to assess the Veteran's lung condition and determine its relationship to his in-service motorcycle accident. The appeal is also remanded for issuance of an SOC addressing issues related to migraine headaches, blunt trauma to the left chest with healed left rib fractures and left 8th rib deformity, and multiple noncompensable service-connected disabilities.

The Board found that the Veteran does not have a current skin rash condition and there is no evidence of chloracne or other acneform disease consistent with chloracne during the period on appeal. The Board also noted that the Veteran's service treatment records are silent as to any skin problems, and the first post-service treatment record reflecting any complaint of a skin condition was from 1991. Therefore, the claim for service connection for a skin rash is denied.

The Veteran's colon cancer was not incurred or aggravated by active service, nor may it be presumed to have been incurred therein. The VA examiner found no plausible link between the Veteran's colon cancer and his time served in the Navy.

The Board denied the Veteran's appeal for compensation under 38 U.S.C.A. § 1151 due to lack of timely filing of a substantive appeal and also denied reopening his claim.

The Veteran's case is being remanded for a videoconference hearing due to his request, and the appeal remains in appellate status.

The Veteran's claim for a higher rating for panic disorder with agoraphobia was denied due to his failure to report for scheduled VA examinations.

The Veteran's service-connected shell fragment wounds to the left upper leg and right thigh are being remanded for additional examinations, as well as retrieval of relevant medical records. The claims for increased ratings and secondary service connection will be addressed after these actions.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA treatment records and scheduling the Veteran for examinations to determine the nature and etiology of his claimed conditions.

The Board found that the Veteran's gout involving his feet and ankles, with hallux valgus of the right great toe, did not meet the criteria for a higher disability rating as it was not manifested by symptom combinations productive of definite impairment of health or incapacitating exacerbations occurring three or more times a year.

The Board has determined that further development of the evidence is required before the claims can be adjudicated. The Veteran's claims for service connection and increased disability rating are being remanded to the RO.

The Veteran's Graves disease, which was previously treated with thyroid ablation, is currently manifested by fatigue and heat intolerance. The disability does not meet the criteria for a higher rating under any applicable diagnostic code.

The Veteran's appeal is remanded due to insufficient recent medical records and the need for a VA examination.