Other conditions decisions — 2010

The Veteran's claim for an evaluation in excess of 70 percent for status-post total left hip arthroplasty was dismissed due to the death of the Veteran.

The Veteran's claim for service connection for herpes simplex was denied. The claims for increased ratings for residuals of L5 fracture and right (major) shoulder bursitis were also denied.

The Board has determined that the Veteran's right hand disability is not related to his service and therefore denied his claim for service connection.

The Board denied the Veteran's claim for an increased evaluation greater than 40 percent for his herniated nucleus pulposus, L3, L4, L5 disability. The evidence did not meet the criteria for a higher rating under the applicable VA rating criteria.

The Board has remanded the case for further development of the evidence, including obtaining VA treatment records and scheduling a VA examination. The Veteran's claim for TDIU remains pending.

The Board granted an initial disability rating of 10 percent for hiatal hernia and established March 29, 2001 as the effective date for service connection.

The Board finds that the Veteran's death was incurred in active service and grants service connection for the cause of his death.

The Board has granted the Veteran's claim for special monthly compensation based on loss of use of his feet, finding that the evidence supports his claim and affording him the benefit of the doubt.

The Board found that the Veteran's right hip disability does not meet or approximate the criteria for a rating in excess of 10 percent.

The Board has remanded the case due to a need for current financial information from both the Appellant and the Veteran, as their finances have changed since 2007. The issue of an apportionment of the Veteran's VA compensation benefits on behalf of D-h M., D-a M., and D-n M., his minor children is pending.

The Veteran's claim for an increased evaluation for service-connected pleural plaques due to asbestos exposure is being remanded for additional development, including obtaining VA treatment records and a VA examination report.

The Veteran's left hand nerve damage is found to be a result of the insertion of an IV during his right calcaneal exostectomy at VA, which was caused by carelessness or lack of proper skill on the part of VA. The Board finds that this constitutes a qualifying additional disability under 38 U.S.C.A. § 1151 and grants compensation.

The Veteran is seeking compensation under the provisions of 38 U.S.C.A. § 1151 for residuals of brain damage to include visual disturbance, which he claims were caused by VA treatment in 2007. The Board has determined that additional development is needed before a decision can be made.

The VA has determined that the Veteran's death from glioblastoma, a condition presumed to be related to Agent Orange exposure during service in Vietnam, is at least as likely as not due to his military service.

The Veteran requested to withdraw his appeal regarding the increased rating for conjunctivitis, bilateral. As a result, the issue is dismissed.

The Board has reopened the appellant's claim for service connection for cause of death due to new and material evidence. However, the claim remains denied as there is no evidence linking the gall bladder infection to active service.

The Board has determined that the Veteran's claim for an earlier effective date for service connection is without legal merit, as no communication prior to August 1, 2008 indicated intent to seek this benefit.

The Veteran's service-connected Graves' disease is rated at 60 percent, and the Board has granted a 100 percent rating. The TDIU issue remains for further consideration.

The Board has dismissed the Veteran's appeal regarding his claim for an increased evaluation for incisional neuralgia, postoperative scar, thoracotomy, right middle lobectomy, with adhesions. The Veteran's moderate restrictive lung disease is currently rated at 30 percent and does not meet the criteria for a higher rating under applicable disability evaluation criteria.

The Board found that the Veteran's elevated liver function tests were not related to service or a service-connected disability, and denied his claim for service connection for liver damage.