Other conditions decisions — 2011

The Veteran's cancer of the larynx is not due to in-service radiation exposure or any other incident of his military service.

The case is being remanded for further review due to the need to verify whether the appellant's late husband was a member of the Philippine Commonwealth Army, including recognized guerrillas. The appellant's claim will be reconsidered based on this verification.

The Board has determined that the Veteran's current respiratory disorders do not have an etiological relationship with his service-connected spontaneous pneumothorax residuals or are otherwise aggravated by them. As a result, he is not entitled to a compensable evaluation for these residuals.

The Court has directed that at least a 30 percent evaluation be assigned for the Veteran's right (major) Muscle Group I injury with partial winged scapula. The Board, in this decision, will implement the 30 percent disability rating awarded by the Court.

The Board has determined that there is at least a 50% likelihood that the Veteran's recurrent urinary tract infections and shrapnel wound of the right hip are related to his military service. Service connection for both conditions is granted.

The Veteran's service-connected PTSD and a healed pelvis fracture have rendered him unable to secure or follow a substantially gainful occupation, warranting a TDIU.

The Veteran developed a rash affecting his hands, feet, and legs as a side effect of blood pressure medication initially prescribed by VA physicians in September 1996. The rash disappeared after the medication was discontinued. The Veteran filed a claim for VA benefits under the provisions of 38 U.S.C.A. § 1151 for the rash in November 1996, and the Board granted compensation based on this condition.

The Board found that the Veteran's service-connected bilateral eye disability, manifested by corrected visual acuity of 20/25 in the right eye and HM@2'(hand motions at 2 feet) in the left eye, does not warrant a rating in excess of 30 percent.

The Board denied the Veteran's claim for service connection for a low back disability, including spina bifida. The decision found that his condition existed prior to service and was not aggravated by service.

The Veteran's recurrent basal cell carcinoma and its residuals are in part related to sun exposure while in service, and the Board grants service connection for these conditions.

The Board denied the Veteran's claim for service connection for non-Hodgkin's lymphoma, finding that there was no evidence linking his condition to active duty or exposure to ionizing radiation.

The Board found that the Veteran's cause of death (CVA, hemorrhage, and thrombosis) is not etiologically related to a disease, injury, or event in service. The Veteran's service-connected GSW residuals were not a principal nor contributory cause of his death.

The Veteran's service-connected postgastrectomy syndrome is currently rated at 40 percent, but the symptoms do not meet or approximate the criteria for a higher rating under Diagnostic Code 7308.

The Board found no evidence of current disability related to heat stroke and denied the Veteran's claim for service connection.

The Board has determined that the Veteran's current pulmonary disorder is related to his military service and grants service connection for a pulmonary disorder.

The Veteran's left knee disability, diagnosed as mild intrasubstance degeneration of the medial meniscus, was not incurred in military service and is not secondary to his service-connected left knee scar.

The Veteran's claims for a higher rating for his left humerus fracture and service connection for loss of use of the left hand are being remanded due to additional evidence submitted by the Veteran.

The Veteran's claim for a bilateral foot disorder, to include as secondary to service-connected residuals of shell fragment wounds, was denied because there is no competent evidence showing a current diagnosis related to his military service or any incident therein.

The Veteran's dysthymic disorder was increased to a 70% rating, effective December 1, 2008. The case is remanded for clarification of the basis for this increase and re-adjudication of the TDIU issue.

The Veteran's claim for nonservice-connected pension benefits was denied as he did not have qualifying wartime service.