Other conditions decisions — 2011

The Veteran's claim for service connection for a stomach condition, including as secondary to his service-connected prostatitis, is granted.

The Veteran's appeal has been dismissed as he withdrew his appeal for the issue of service connection for cancer of the base of the tongue, with metastasis to the lymph node.

The Veteran's 100% disability rating is granted, and a portion of his VA benefits are apportioned to the appellant for her minor child.

The Board found that the Veteran's cause of death, pulmonary fibrosis, was not related to his service-connected conditions and thus denied the claim for service connection for the cause of the Veteran's death.

The Veteran's claim for a rating in excess of 10 percent for ptosis, left eye is being remanded due to the need for an adequate VA examination and further development of the record.

The Veteran is seeking service connection for cellulitis of the bilateral lower extremities, which he claims is related to his service-connected left inguinal herniorrhaphy. The case has been remanded due to the need for an addendum opinion regarding whether the service-connected condition caused or aggravated the claimed disability.

The Board has reopened the Veteran's claim of service connection for peptic ulcer disease based on new and material evidence. The case is now remanded to the RO for further consideration.

The Board has determined that the Veteran's bilateral eye disorders are not related to his military service and therefore denied his claim for service connection.

The Veteran died from cardiac arrest, but there is no evidence that his death was related to service or a service-connected disability. The appellant's claim for DIC under 38 U.S.C.A. § 1318 is also denied as the Veteran did not meet the criteria for entitlement to receive total disability compensation.

The Veteran's claim for an increased evaluation for his service-connected gunshot wound residuals of the thoracic spine is being remanded due to the need for additional development, including a new VA examination and obtaining relevant medical records.

The Veteran's left ear otitis media is rated at 10 percent from November 7, 2008. The rating for sinusitis has been granted and is set at 30 percent. There is no compensable rating assigned for the Veteran's left ear hearing loss.

The Board has determined that the Veteran does not have a current diagnosis of a toenail condition of the bilateral great toes and therefore, service connection for this condition is denied.

The Veteran's claim for an increased evaluation for residuals of a fracture of the left clavicle was denied. However, service connection for degenerative joint disease of the left acromioclavicular joint with impingement syndrome secondary to his service-connected disability was granted and assigned a 10 percent rating.

The Veteran's claim for service connection for a left leg disability manifested by numbness is being remanded due to the need for an appropriate VA examination and consideration of his combat service.

The Veteran's claim for an earlier effective date for service connection of residuals of squamous cell carcinoma of the right vocal cord was denied as his claim was received more than one year after separation from active duty.

The Board found that the appellant did not submit a timely substantive appeal from the June 2004 rating decision denying service connection for the cause of the Veteran's death and DIC benefits under 38 U.S.C.A. § 1318, and thus her claim is denied. The VA treatment provided to the Veteran was found not to meet the criteria for a 38 U.S.C.A. § 1151 claim due to lack of evidence showing that the additional disability resulted from carelessness, negligence, or similar fault on VA's part.

The case is being remanded due to procedural issues related to contested claims procedures. The appellant and the Veteran need to be notified of their rights and given an opportunity for a hearing.

The Board has granted a 20 percent rating for the Veteran's service-connected thoracic spine disorder, effective September 24, 2009.

The Board has determined that a remand is necessary to obtain additional medical records, conduct further examinations and provide the Veteran with an opinion regarding his claimed heart condition and back conditions.

The Board has remanded the case for further development, including obtaining medical records and scheduling a VA examination to determine if the Veteran's skin disorder is related to his service in the Persian Gulf War. The claim will be readjudicated based on this additional evidence.