Other conditions decisions — 2011

The Board has determined that the reduction of the Veteran's disability rating for his service-connected Lyme disease from 100% to 0% was proper under VA regulations.

The Veteran's claim for service connection for a dental disability is being remanded to the RO for further development, including scheduling of a VA examination and referral of his outpatient treatment claim.

The Veteran's hypertension, which required medication since January 1974 and was diagnosed shortly after separation from service, has been found to have manifested within the applicable presumptive period. Therefore, he meets the requirements for presumption of service connection.

The Board found that the Veteran's service-connected thrombophlebitis did not cause or contribute to his death, and thus denied the claim for service connection for the cause of death.

The Veteran's balance problems, manifested by dizziness and staggering, are rated at a 30 percent evaluation under the applicable VA Schedule for Rating Disabilities.

The Veteran's appeal was dismissed due to his death during the pendency of the appeal.

The Board found that there is a preponderance of evidence against the appellant being recognized as the Veteran's surviving spouse for VA benefits due to issues with the validity of their marriage under Philippine law.

The Veteran's service-connected residuals of orchidopexy for testicular torsion are currently evaluated at 10 percent, and the Board finds that a higher rating is not warranted based on the evidence provided.

The Veteran's service-connected disabilities, including gouty arthritis and varicose veins, are found to be sufficient in and of themselves to prevent him from participating in all forms of substantially gainful employment. Therefore, a TDIU rating is granted.

The Board has determined that the appellant does not have service as a member of the Philippine Commonwealth Army, including recognized guerrillas, in the service of the United States Armed Forces. Therefore, he is not eligible for a one-time payment from the Filipino Veterans Equity Compensation Fund.

The Board denied the veteran's claim for a one-time payment from the Filipino Veterans Equity Compensation Fund due to lack of service in the Philippine Commonwealth Army or New Philippine Scout, as verified by the National Personnel Records Center.

The Board has granted the Veteran's claims for service connection for trochanteric bursitis of the left hip and avascular necrosis of the right hip as a result of exposure to ionizing radiation in service, based on post-service medical evidence linking these conditions to his exposure during active duty.

The Veteran's adenocarcinoma of the prostate, status post radical retro prostatectomy and pelvic lymphadenectomy is currently rated at 60 percent due to voiding dysfunction. The evidence does not support a higher rating as there are no findings of residual renal dysfunction.

The Board has determined that the Veteran's osteoporosis was related to service and contributed substantially or materially to his death from sepsis due to a duodenal ulcer. As such, the claim for entitlement to DIC benefits under 38 U.S.C.A. § 1318 is rendered moot.

The Board found that the Veteran's esophageal cancer was not service-connected due to lack of exposure to radiation and no chronicity of symptoms post-service, thus denying his claim.

The Veteran's claim for service connection for ingrown toenails of the feet, including as secondary to his service-connected diabetes mellitus, is being remanded due to the need for additional development and an examination.

The Board has remanded the case due to the need for a VA examination and additional development of the claims, including consideration of both direct service connection and secondary service connection.

The Board denied the Veteran's claims for service connection for degenerative bone or joint disease, psychosis, and residuals of a head injury. The evidence did not support a finding that these conditions were incurred in or aggravated by service.

The Board has decided to remand the case for further development, including obtaining a copy of the original application for reimbursement and any evidence regarding attempts to secure payment from third parties.

The Veteran's appeal is being remanded due to his failure to report for a scheduled Travel Board hearing. The RO must reschedule the Veteran for a new hearing at the earliest available opportunity.