Other conditions decisions — 2011

The Board found that the Veteran's metastatic pancreatic cancer, which caused his death, was not incurred in or aggravated by service. The Board also noted that there is no evidence linking the cause of death to herbicide exposure during service.

The Veteran's claim for service connection for pneumoconiosis, claimed as lung disease, to include as secondary to asbestos exposure was denied because there is no evidence of a current disability related to his period of service.

The Board denied the Veteran's claim for compensation under 38 U.S.C.A. § 1151 for residuals of a T-12 fracture due to post-surgical hospitalization at VA, finding no evidence of carelessness or negligence on the part of VA.

The Veteran's service-connected right knee ACL tear has been manifested by severe recurrent subluxation or lateral instability, warranting a rating of 30 percent.

The Board has remanded the case due to a need for additional VA treatment records regarding the Veteran's consent for his March 28, 2005, laser surgery and subsequent care.

The Veteran's left leg disability has been manifested by full range of motion, but there is no x-ray evidence of arthritis or other significant impairment. The Board found that the criteria for an initial compensable rating have not been met.

The Veteran is granted service connection for bilateral dry eye syndrome as aggravated by his service-connected bilateral pterygium, but denied service connection for macular degeneration and cataracts of the eyes.

The Veteran's service-connected conditions do not render him unemployable as he is capable of substantially gainful employment.

The Veteran's service-connected lumbosacral spine disability is rated at 40 percent, effective from August 18, 2010. The claim for an increased rating has been denied.

The Veteran's service connection claim for the residuals of dental trauma is granted, as the Board finds that his testimony regarding the injury sustained during service and subsequent fitting with dentures supports a finding in his favor.

The Board has determined that the Veteran does have residuals of a left foot shell fragment wound, and thus service connection is granted.

The Board has granted service connection for bilateral heel spurs, finding that the evidence is at least in equipoise regarding their etiology. Service connection for muscle aches and joint pain was denied as there is no competent or probative evidence of current disability related to service.

The Board determined that the Veteran's VA compensation payments included an amount for the support of his spouse, and since he was not reasonably discharging his responsibility for her support, the apportionment of $135.00 per month was granted.

The Veteran's claim for service connection for a chronic skin rash, claimed as jungle rot, is denied as there is no objective medical evidence that any current skin disorder has a nexus or relationship to his active duty service.

The Veteran's cancer of the esophagus and stomach was not found to be incurred in service, including due to exposure to herbicides. The claim is denied.

The Veteran's claim for service connection for histoplasmosis of the left eye is being remanded due to incomplete records and a need for a VA examination.

The Veteran's active service does not meet the threshold eligibility requirements for nonservice-connected pension purposes due to incomplete service and lack of a minimum period of active duty.

The Board has determined that the appellant is not recognized as the Veteran's surviving spouse for VA death benefits purposes due to a lack of legal marriage and deemed valid marriage.

The Board has determined that a VA examination is necessary to determine if the Veteran's symptoms are related to any known disorders or whether they represent an undiagnosed illness. The claim will be remanded for further development.

The Veteran's appeal was dismissed due to his death during the pendency of the appeal.