Other conditions decisions — 2011

The Veteran's service-connected left inguinal hernia is currently rated at 10 percent and does not warrant a higher rating. The Board found no recurrence of the hernia, which precludes an increased rating. For TDIU, as the Veteran's sole service-connected disability (left inguinal hernia) is rated 10 percent, he does not meet the criteria for TDIU under 38 C.F.R. § 4.16(a).

The Veteran's cardiovascular condition is not service-connected as it does not meet the criteria for a Persian Gulf War undiagnosed illness, and there is no evidence of a current disability related to his service-connected fibromyalgia.

The Board has determined that the October 1984 rating decision denying service connection for gouty arthritis of the bilateral feet contained clear and unmistakable error. The effective date for the grant of service connection is set at April 10, 1981, as this was the earliest date on which a claim for service connection could be considered filed.

The Veteran's appeal is remanded for a new VA examination to assess the current severity of his service-connected duodenal ulcer and for further development.

The Board has determined that further development is needed to determine the severity of the Veteran's service-connected disability and whether his current back symptoms are related to this condition. The case will be returned for these actions.

The Veteran's claims for a compensable evaluation for an inguinal hernia, service connection for hematuria, and reopening of the claim for service connection for an eye condition were all denied. The Board found that there was no evidence of a current disability related to the eye condition.

The Veteran's claim for waiver of recovery of an overpayment of VA improved pension benefits was denied due to the Veteran failing to disclose all sources of income. The Board has ordered additional development, including obtaining relevant documents and re-adjudicating the case.

The Veteran's claim for service connection for fibroid cysts, claimed as secondary to her service-connected endometriosis with bilateral corpus luteal cysts, is being remanded due to the failure to appear at a scheduled hearing. The case will be returned to the RO for scheduling of a new personal hearing.

The Veteran is seeking service connection for broken teeth, dental extractions, and placement of a bridge during his military service. The case has been remanded to the RO/AMC for initial review of additional evidence.

The Veteran's lumbosacral spine disability is rated at 40 percent, the maximum available under Diagnostic Code 5235.

The Veteran's primary insomnia is currently rated at 50 percent, effective March 20, 2002. This rating reflects occupational and social impairment with occasional decrease in work efficiency and intermittent periods of inability to perform occupational tasks.

The Board has determined that HIV likely manifested during the Veteran's active service and grants service connection for HIV.

The Veteran's TMJ syndrome is currently rated at 20 percent, and the Board has determined that a higher rating is not warranted. The other service-connected conditions have been addressed as well.

The Veteran's transitional cell carcinoma of the bladder was not incurred in or aggravated by service, nor may it be presumed to have been incurred as a result of service. The Board finds that the preponderance of the evidence is against finding a relationship between the Veteran's condition and his military service.

The Veteran's claim for service connection for psoriatic arthritis is being remanded due to the need for additional development of his medical records and a VA examination.

The Veteran's recurrent nosebleeds were found to be incurred in service, as they were noted during active duty and continued after discharge.

The Veteran is seeking compensation under 38 U.S.C.A. � 1151 for residuals of VA treatment and multiple VA surgeries to remove sarcoma from the left back, including ongoing hernia issues and pain. The case is being remanded due to the need for a VA examination to determine if any disabilities are related to carelessness, negligence, or fault on the part of VA.

The Board has determined that the Veteran's arthritis of both hands is attributable to injuries during active service and grants the claims for service connection.

The Board has reopened the claim for service connection for the cause of the Veteran's death due to new and material evidence. However, a remand is needed to obtain VA treatment records from September 1993 to December 1995, review by a VA physician on the etiology of HIV/AIDS, and provide an opinion regarding whether PTSD contributed to drug use.

The Veteran's claim for an earlier effective date for additional compensation allowance for a spouse was denied as he did not provide the necessary documentation within one year of receiving notification of his remarriage, and VA received all required information in April 2007.