Other conditions decisions — 2011

The Board's decision denying a TDIU based on clear and unmistakable error has been vacated by the Court, so the motion for revision is dismissed.

The Board has denied the Veteran's claims for service connection for a digestive disorder and TDIU. The case is being remanded to obtain a new VA medical opinion regarding the etiology of any current chronic digestive disorder, including PUD, and to consider the TDIU claim in light of the newly obtained evidence.

The Veteran's dizziness is rated at 30 percent, but his claim for service connection of an ear disorder remains pending and requires further review.

The Board found that the Veteran's squamous cell carcinoma of the left tonsillar fossa was not incurred in or aggravated by active service, and specifically denied service connection based on direct causation. The VA examiner concluded that there is less than a 50% probability that the cancer is related to his military service, including exposure to herbicides.

The Board has remanded the case for further development, including obtaining additional medical records and determining if the Veteran's service-connected conditions contributed to his death.

The Board has determined that the Veteran's claim for service connection for shortness of breath should be remanded due to inadequate development and need for further examination.

The Board has remanded the case for further action due to a lack of notification that the claim had been certified and transferred to the Board.

The Board has remanded the case for further development to determine if the Veteran's numbness and temporary paralysis during sexual intercourse are related to his service-connected sarcoidosis or any other condition.

The Veteran's left hip disability, initially diagnosed as bursitis and tendonitis, was rated at 10 percent prior to November 26, 2008. The evidence does not support a higher rating based on the limited range of motion.

The Board found that the Veteran's osteoporosis was not incurred in or aggravated by his active duty service, nor may it be presumed to have been so incurred. The Veteran's osteoporosis is also not proximately due to or aggravated by his service-connected type II diabetes mellitus.

The Veteran's residuals of a comminuted fracture of the left distal radius are currently rated at 10 percent, and the Board finds that this rating is appropriate given the current range of motion findings.

The Board has granted an initial 30 percent evaluation for histoplasmosis effective May 1, 2005. The Veteran's current respiratory symptoms are attributed to a separate disability (reactive airway/obstructive disease and restrictive airway disease), making the current condition asymptomatic.

The Board denied the claim for service connection for the cause of the Veteran's death, finding that metastatic adenocarcinoma of the esophagus was not caused by or related to his military service, including exposure to herbicide agents.

The Board denied the appellant's request to reopen her claim for VA death benefits due to lack of qualifying service, despite receiving new evidence from the NPRC.

The Veteran's request for authorization to pay for a gym membership for prescribed aquatic therapy was denied because the aquatic exercise is not considered a medical service within VA regulation, and there were government facilities available to him.

The Board has determined that the submitted evidence is not new and material to reopen the claim of entitlement to service connection for infertility, including as an undiagnosed illness.

The Board found that the evidence received since the February 2005 rating decision does not raise a reasonable possibility of substantiating the claim for service connection for a right arm disorder as a residual of vaccination.

The Veteran's right mandible fracture, evaluated at 20 percent since November 14, 2007, is now rated at 30 percent effective July 14, 2011, and 40 percent effective September 2, 2011.

The Veteran's glioblastoma multiforme is being remanded for further examination and review due to the inaccuracy of the examiner's history regarding his active duty service. The cause of death and pension benefits are also under consideration.

The Veteran's claim for nonservice-connected pension benefits is denied as he did not meet the eligibility criteria due to insufficient service or discharge from service.