Other conditions decisions — 2010

The Veteran's appeal has been withdrawn, and the Board is dismissing the case.

The Board has determined that the Veteran's upper respiratory disorder is not related to his military service and therefore denied his claim for service connection.

The Board has determined that the evidence is in equipoise as to whether the Veteran's cataracts are related to his service-connected diabetes mellitus. As such, the claim for secondary service connection for cataracts is granted.

The Board has determined that the Veteran's lower back disorder relates to service and grants his claim for service connection.

The Board has determined that there is no residual disability associated with the in-service right jaw fracture, and thus a separate evaluation for residuals of right jaw fracture is denied.

The Veteran's claim for service connection for loss of hair on the legs, including as due to herbicide exposure, was denied. His claims for increased ratings for hypertensive cardiovascular disease and gouty arthritis were withdrawn by his representative at a hearing.

The Board has reopened the Veteran's claim and found that service connection for chronic left olecranon bursitis is warranted.

The Board denied the Veteran's requests to reopen his claims for service connection for ulcers and anemia, finding that new and material evidence had not been submitted.

The Board has remanded the case due to insufficient development of evidence regarding the Veteran's competency for VA disability compensation benefits.

The Veteran's appeal is being remanded due to the need for a hearing before a Veterans Law Judge at the New York RO.

The Board found that the appellant and the Veteran did not meet the criteria for recognition as the surviving spouse of the Veteran for VA benefits purposes due to a lack of evidence showing an agreement to be married, continuous cohabitation, or holding themselves out as husband and wife prior to their September 2007 marriage.

The Veteran's right foot disability, specifically the ingrown right great toe hallux nail, has been rated as noncompensable. The VA examiner found no evidence of impairment consistent with amputation of the great toe and noted that there was no additional loss of motion on repetitive use due to pain or other factors.

For the time period prior to August 28, 2002, chronic prostatitis was manifested by long-term drug therapy.,From August 28, 2002 to March 24, 2005, chronic prostatitis was manifested by a reported daytime voiding interval between one and two hours. From March 25, 2005 to February 5, 2007, chronic prostatitis was manifested by a reported daytime frequency interval of 30 minutes to one hour. After February 6, 2007, the Veteran reported daytime frequency occurring at least four times during the day about every two hours or between every two to three hours depending on fluid intake.,The decision is mixed as some issues were granted and others denied.

The Veteran's claims for accrued pension benefits and retroactive pension were denied as the Veteran did not survive to the next month after filing his claim, thus there was no potential for an award.

The Veteran's gastrointestinal disability, characterized as infectious diarrhea, is not shown to be related to service and has been diagnosed after discharge. The Board denies the claim for service connection.

The Board has ordered the case to be remanded for further development due to inconsistencies in service records and the need to verify the appellant's deceased husband's claimed active service.

The Veteran's income for the year 2006 exceeded the VA Income Threshold of $33,350 for a nonservice-connected Veteran with one dependent but did not exceed the VA Geographic Means Test Income Threshold of $34,800 for his residency location. Therefore, he was placed in Priority Group 7c.

The Veteran's duodenal ulcer, peptic ulcer disability has been rated at 20 percent since the period of temporary total evaluation based on surgical or other treatment necessitating convalescence. The symptoms have included recurrent epigastric distress, occasional regurgitation and vomiting, loose stools, a need for daily medication, abdominal fullness, difficulty with diarrhea after eating, colic twice a day and at night, and the need to take Ensure to maintain weight.

The Board has determined that the Veteran's shifting of upper and lower teeth due to pulling of wisdom teeth is not service-connected for compensation purposes, but she is eligible for VA outpatient dental treatment on a one-time completion basis.

The Veteran's claim for a disability rating in excess of 30 percent for residuals of right lung adenocarcinoma, status post right upper lobectomy was denied as the evidence did not show that his service-connected respiratory disability met or approximated the criteria for a higher evaluation.