Other conditions decisions — 2011

The Board has reopened the claim of service connection for the cause of the Veteran's death due to new and material evidence, including a medical opinion linking his abdominal aortic aneurysm and cardiovascular disease to his service-connected pleural tuberculosis. The issue remains on remand for further adjudication.

The Board has determined that additional development is required before the matter may be finally adjudicated, including a VA examination to determine the current nature and extent of the Veteran's malaria.

The Veteran's cold injury residuals to both lower extremities are currently rated at 30 percent each, and the Board has determined that a higher rating is not warranted.

The Board denied the Veteran's attempts to reopen his claims for service connection for a jaw abnormality and increased disability ratings for MVP and right knee crepitus with degenerative changes, finding that no new and material evidence had been presented.

The Veteran's service-connected vestigial burns of the left foot and leg have been evaluated as 20 percent and 10 percent disabling, respectively. The Board has determined that these evaluations are not warranted based on the evidence of record.

The Board has determined that the claims for service connection need further development and remand to obtain additional medical opinions regarding the Veteran's cardiovascular disorder and joint pain.

The Board has remanded the Veteran's claim for a new medical examination to determine if he has a diagnosed sleep disorder and whether it is as likely as not related to his service-connected blepharospasm disability.

The Board has determined that further development is necessary regarding the Veteran's claim of service connection for benign prostatic hypertrophy (BPH). The dates of active duty are unclear, and clarification is needed before final adjudication can be made.

The Veteran's degenerative joint disease of the left and right elbows was found to not meet criteria for a compensable rating from September 14, 2004 through April 28, 2010.

The Board denied the Veteran's claim to reopen his character of discharge from service as a bar to VA benefits, finding that no new and material evidence had been submitted.

The Veteran's brain tumor was not incurred as a result of any incident of active duty service.

The Veteran's claim for service connection for vision loss and a left knee disorder was denied. The Board found that the Veteran currently has presbyopia, which does not qualify as an injury or disease warranting service connection.

The Veteran's claim for an initial rating in excess of 10 percent for interdigital maceration of both feet is being remanded due to the need for a contemporaneous VA examination and additional treatment records.

The Board denied the appellant's appeal as she did not file a timely substantive appeal in response to the September 1999 decision denying her claims for service connection for cause of the Veteran's death and for DIC under the provisions of 38 U.S.C.A. § 1318.

The Veteran's throat cancer is found to be related to his exposure to trichloroethylene during service, and thus service connection for post laryngectomy throat cancer with loss of voice is granted.

The Veteran's service-connected hiatal hernia with peptic ulcer disease is currently evaluated at 30 percent, and the Board finds that it does not meet the criteria for a higher rating.

The Board found that the Veteran's post-radiation incontinence was not caused by VA negligence or carelessness, and thus compensation under 38 U.S.C. § 1151 is denied.

The Veteran's claim for compensation under the provisions of 38 U.S.C.A. § 1151 was denied as his chronic urological disorder is not considered to be a result of VA surgical treatment, hospital care, or medical treatment.

The Board has determined that there is no legal entitlement to an effective date earlier than June 23, 2010 for the grant of survivor benefits based on the need for aid and attendance. The claim was received by VA on June 23, 2010.

The Board found that the Veteran's bilateral inguinal hernias were not caused by VA hospital care, medical or surgical treatment, and thus compensation under 38 U.S.C.A. § 1151 is denied.