Other conditions decisions — 2011

The Veteran's claims for service connection for gastroesophagitis (irritable colon syndrome), hiatal hernia, and ovarian cancer have been granted. The claim for an initial compensable rating for removal of ovaries and residuals of ovarian cancer is pending.

The Veteran's service-connected herniated disc at L4-5 is now rated at 40 percent effective as of March 13, 2010.

The Veteran does not have cataracts or prostate disability that are attributable to military service, or that were caused or made worse by a service-connected disability. The Board finds that the preponderance of evidence is against finding that the Veteran's cataracts and prostate disability are related to his military service.

The Veteran's appeal of service connection for a cardiovascular disorder, claimed as arrhythmia, was dismissed due to the Veteran's request for withdrawal prior to the Board's decision.

The Veteran is diagnosed with Hodgkin's disease and served in a unit that operated near the Korean DMZ, qualifying for presumptive service connection due to Agent Orange exposure.

The Board has remanded the case for further development due to the need to obtain additional VA medical records and a VA examination.

The Veteran's chronic and intractable pain in the back and chest following VA surgical treatment is not deemed to be due to carelessness, negligence, lack of proper skill, or error in judgment on part of VA.

The Veteran's claim for service connection for a right hand disability, to include numbness, was denied. The reduction of the 10% disability rating for headaches with history of migraines from March 1, 2009, was also denied.

The Board denied the appellant's request to apportion the Veteran's non-service-connected pension benefits, finding that an apportionment would cause undue hardship to the Veteran and did not meet the criteria for a special apportionment.

The Veteran's death due to a motor vehicle accident was determined to be the result of willful misconduct, specifically alcohol intoxication and reckless operation. The claim for DIC benefits is denied.

The Board denied the Veteran's request to reopen her claim of service connection for bilateral brachymetatarsalgia, finding that new and material evidence had not been received. The Veteran was previously denied service connection in May 1996 due to her congenital foot disability pre-existing service.

The Board found that the preponderance of evidence does not support a finding that the Veteran's current ulcerative colitis is related to her military service.

The Board determined that the Veteran's death was not caused by his service-connected squamous cell carcinoma of the larynx, and therefore denied the claim for service connection for the cause of death.

The Veteran received unauthorized medical care for abdominal pain and a first degree heart block on February 13, 2006 at Albany. The claim is denied as reimbursement or payment of unauthorized medical expenses was not authorized due to the availability of VA facilities.

The Board has determined that the appellant meets the criteria for recognition as the surviving spouse of the Veteran, and therefore, the issue of service connection for the cause of the Veteran's death is now before the RO. The claim will be readjudicated with consideration of all submitted evidence.

The Veteran's claim for service connection for a gastrointestinal disorder, to include as secondary to his service-connected bilateral patellofemoral pain syndrome, is being remanded due to the need for additional medical examination and consideration of both direct and secondary service connection.

The Board has decided to remand the case for additional development, including obtaining medical records and conducting further analysis of the Veteran's cause of death.

The Board found that there was no clear and unmistakable evidence indicating the Veteran's intracranial aneurysm existed prior to service, nor is there any medical evidence linking it to his military service. The condition was diagnosed years after service.

The Veteran does not currently have a gastrointestinal disability and the Board finds that she does not meet the criteria for service connection.

The Board denied the Veteran's claim for service connection for colon polyps, finding that there was no evidence of a causal relationship between his active service and the condition. The Board also found insufficient medical nexus evidence to support the contention that his COPD aggravated his pre-existing colon polyps.