Other conditions decisions — 2011

The Veteran's claim for an increased rating for spastic colon syndrome with dyspepsia was denied, while his claim for service connection for ruptured blood vessels in the hands was granted.

The Veteran's claim for compensation under 38 U.S.C.A. § 1151 was denied because there is no evidence showing that the right great toe disability resulted from VA negligence or fault.

The Veteran's claim for service connection for prostatitis is denied as there is no competent medical evidence of current prostatitis. The initial compensable rating before August 30, 2010, and an initial rating higher than 10 percent from August 30, 2010, for regurgitation of the aortic, mitral, and pulmonic valves is also denied.

The Veteran's claim for an extraschedular evaluation for service-connected residuals of PID was denied. The Board also noted that the issue of TDIU had not been adjudicated and referred it back to the RO/AMC.

The Veteran's death was attributed to myocardial infarction, but the pneumonia that contributed to his death is considered a non-service-connected condition. The service connection for both conditions is denied.

The Board denied an increased rating for the Veteran's right inguinal hernia repair, finding that his disability did not present an exceptional or unusual picture with marked interference with employment or frequent periods of hospitalization.

The Veteran's claim for an increased rating for his service-connected giardiasis of the gastrointestinal tract was denied by the RO, and no effective date is provided as the appeal remains pending.

The Veteran's malaria with a history of splenomegaly is being remanded for further evaluation due to increased symptoms and the possibility of cerebral malaria.

The Board has determined that new and material evidence has not been submitted to reopen the Veteran's claims for service connection for sinus problems and hematuria, as both decisions were final.

The Board denied the appellant's claim for reinstatement of her death pension benefits as she could not be recognized as the Veteran's surviving spouse due to remarriage.

The Board is remanding the case to obtain a copy of Dr. Thomas Smyrk's medical opinion/consultation letter from Mayo Clinic, which was requested by Dr. Romero at Cox Medical Center South. The VA physician will provide opinions on whether lung cancer was the primary site and if so, whether it metastasized from the liver.

The Board has referred the case to an Independent Medical Expert (IME) for an opinion regarding the relationship between herbicide exposure and the Veteran's squamous cell carcinoma of the left tonsil. The Veteran submitted additional argument in June 2011, requesting that the case be remanded for RO initial review of the additional evidence.

The Board determined that the Veteran's bilateral bunions and hallux valgus did not have a service origin, as they were first noted after his last period of active duty. The claim for sleep apnea was also denied.

The Board found that the Veteran did not have a current diagnosis of a chronic skin disorder, but reopened his claim based on new evidence. The decision is mixed as some issues are granted and others are denied.

The Veteran's claim for service connection for Chiari-Frommel Syndrome/Chiari Malformation, to include as secondary to his service-connected hiatal hernia, is denied. The evidence does not establish a medical relationship between the current disability and either service or service-connected hiatal hernia.

The Board has decided to remand the Veteran's claim for defective vision due to missing VA treatment records and an addendum opinion from the April 2006 examiner.

The Board found that the additional dental disability was not caused by VA treatment, but rather coincidental to it. The Veteran's pre-existing conditions were aggravated by her own actions (clenching and bruxism), which is considered willful misconduct.

The Veteran received medical care at a private healthcare facility for right rib pain on February 14, 2007. The care was deemed necessary due to the nature of the condition and the Veteran's service-connected disabilities, as well as the unavailability of VA facilities.

The Veteran's claim for a TDIU is being remanded due to the need for additional development and medical inquiry.

The VA determined that the Veteran's service-connected shell fragment wound of the left lower extremity does not warrant a compensable evaluation, as it is manifested by minimal scarring and subjective complaints of pain and cramping.