Other conditions decisions — 2011

The Veteran's right ear disability, including otalgia and hyperacusis, was not found to be service-connected or due to VA treatment. The Board determined that the evidence did not support a finding of causation.

The Board found that the Veteran's basaloid squamous cell carcinoma of the left sinonasal cavity was not related to service or due to exposure to Agent Orange, and thus denied his claim for service connection.

The Board found that the Veteran's right eye disability, including congenital amblyopia and central serous retinopathy, was related to service. The preexisting condition of congenital amblyopia is considered secondary to service due to aggravation.

The Board found no direct service connection for the Veteran's pulmonary disability, as it was not incurred during his military service. The claim is denied.

The Veteran does not have a stomach disability, a bowel disability, or a disability manifested by lumps on the abdomen that is etiologically related to service.

The Veteran's service-connected fracture of the right 4th metacarpal has been manifested by pain but not ankylosis. The current noncompensable rating under Diagnostic Code 5227 is appropriate as there is no limitation of motion or functional impairment that would warrant a higher evaluation.

The Veteran's claim for an increased rating for his service-connected thoracic spine disability is being remanded due to the need for additional evidence and a VA examination.

The Veteran's appeal concerns an increased rating for her service-connected right foot disability, which includes a fracture of the third toe and surgery on the first metatarsophalangeal joint. The Board has determined that additional development is needed to determine the current severity of her condition.

The Board has determined that the Veteran's multiple myeloma is related to his in-service exposure to benzene, and thus service connection is granted.

The Veteran's discharge from service under honorable conditions on September 30, 2001, did not meet the legal criteria required for eligibility to receive educational assistance benefits under Chapter 33 of Title 38, United States Code.

The Veteran's left knee DJD, status post left patellar tendon rupture repair, is currently rated at 20 percent and the right hip greater trochanteric bursitis is rated at 10 percent. The claims for increased ratings remain denied.

The Board has remanded the case to the RO for further appellate review consistent with a Joint Motion, which requires obtaining a current VA examination and addressing whether the Veteran's symptoms are related to malaria.

The Veteran's arthritis was not shown during service or within one year of separation, and there is no direct evidence linking the condition to his military service. The presumption for Agent Orange exposure does not apply as arthritis is not listed under the presumptive diseases.

The Board has denied the Veteran's claim for service connection for a jaw disability, finding that there is no evidence of a nexus between any current jaw disability and his military service.

The Board has determined that the Veteran's inclusion body myositis (IBM) is not etiologically related to a postsurgical infection associated with surgery for his service-connected left ulnar sensory neuropathy, secondary to left elbow trauma. Therefore, service connection for IBM cannot be granted.

The Board found that the Veteran's right shoulder disability was not incurred in or aggravated by service and denied his claim for service connection.

The Veteran's dental disability and cysts in his mouth are not service-connected. The Board found that the Veteran did not sustain a gunshot wound to his face during active duty, and there is no evidence linking his current conditions to military service.

The RO denied the appellant's claim for VA benefits based on his character of discharge, which was under conditions other than honorable. The decision is considered final and cannot be reopened without clear and unmistakable error (CUE).

The Veteran's service-connected residuals of a compression fracture at L3, fracture of the left lamina of L5, and spondylosis are currently rated as 20 percent disabling. The VA examiner found that the Veteran has some limitation of motion in his lumbar spine but no additional loss due to pain on repetitive motion.

The Veteran's right hip arthritis is currently rated at 10 percent, and the RO has not granted a higher rating for this condition.