Other conditions decisions — 2011

The Board found that the Veteran's current right tibia/fibula disability, including tendinitis, did not result from service and denied his claim.

The Veteran's hiatal hernia disability is productive of severe impairment of health, warranting a 60 percent evaluation. The Board has also determined that the Veteran's rectal disability (claimed as hemorrhoids) is secondary to his service-connected hiatal hernia.

The appellant's father served in Vietnam and is presumed to have been exposed to herbicides. However, the appellant does not have spina bifida, which is a qualifying birth defect for benefits under 38 U.S.C. Chapter 18. Therefore, there is no legal entitlement to benefits.

The Veteran's lymphatic system disability, specifically chronic lymphocytic leukemia/small cell lymphocytic lymphoma, is not related to in-service radiation exposure or otherwise related to a disease or injury in service. Therefore, the claim for service connection is denied.

The Veteran's service-connected pulmonary embolism is currently rated at 60 percent, and the Board finds that this rating adequately reflects her disability picture.

The Board has determined that the Veteran's income exceeds the maximum annual pension rate for a Veteran without spouse or child, and thus he is not eligible for nonservice-connected pension benefits.

The Veteran's claims for increased evaluations for his right knee and foot disabilities were denied as the evidence did not show that they warranted a rating higher than 10 percent.

The Veteran's initial claim for service connection for residuals of fracture of the left distal fibula was granted with a 10 percent evaluation effective August 21, 1995. The case is now before the Board to determine if an increased rating is warranted.

The Veteran's service-connected uterine fibroids caused urinary urgency and frequency with awakening to void between nine and twelve times per night from the date of service connection to May 17, 2007 and between five and eight times per night from August 1, 2007 to January 18, 2008. The Veteran is granted a 40% evaluation for urinary frequency due to her service-connected uterine fibroids during these periods.

The Veteran's gouty arthritis of the feet is currently rated at 20 percent, effective from June 23, 2010. The Board found no evidence of incapacitating episodes or impairment of health due to his symptoms prior to that date and denied a higher rating.

The Veteran's claims for service connection for nicotine dependence and post-operative residuals of clear cell odontogenic carcinoma, claimed as secondary to tobacco dependence incurred in service, are being remanded due to the need for additional development.

The Board has reopened the Veteran's claim and found that new evidence submitted since the March 1983 rating decision is sufficient to reopen his previously denied non-service-connected disability pension benefits claim.

The Board has remanded the claim for entitlement to service connection for cause of death due to a need for further medical development and scheduling a hearing.

The Board has remanded the case for additional development, including a VA examination to distinguish between symptoms attributable to service-connected postoperative prostatic urethral varicosity and those attributable to nonservice-connected prostate cancer/prostatectomy. The Veteran's claim for an increased rating remains pending.

The Board has remanded the case for further development, including obtaining medical records and arranging a VA examination to determine if the Veteran's current back disorder is related to his service.

The Veteran's claim of entitlement to service connection for residuals of a broken left collarbone was denied. The Board found that the evidence is in equipoise as to whether he has current hip disorders related to his service, and granted those claims.

The Board has remanded the case for further development, including obtaining a medical opinion regarding whether the Veteran's cognitive disability is aggravated by his service-connected generalized anxiety disorder and the extent to which his service-connected disabilities affect his employability. The TDIU claim will also be considered.

The Board found that the Veteran's right leg condition is not secondary to his service-connected degenerative disc disease of the lumbar spine and denied the claim.

The Board has determined that the Veteran's death was not caused by a service-connected condition, and therefore denied the claim for service connection for the cause of his death.

The Board has determined that new and material evidence has not been presented to reopen the claims for service connection for pancreas condition, testicle condition, and left foot numbness. The Veteran's hepatitis B with cirrhosis is currently rated as 30 percent disabling from December 27, 2000.