Other conditions decisions — 2011

The Veteran's service-connected bilateral hernia disability was manifested by post-operative recurrent bilateral hernias that were readily reducible and well-supported by a truss. The Board found no evidence of the hernias recurring or not being well-supported, thus denying an increased rating.

The Board has determined that the Veteran's congenital cystic fibrosis was aggravated during his active duty service, warranting service connection.

The Veteran's claim for an increased rating for his right brachial plexus injury is being remanded to obtain additional treatment records from the Neurological Associates, as requested in a March 2011 notice letter. The case will be processed under 38 C.F.R. § 3.158(a) if the Veteran does not respond with the necessary information.

The Board finds that the Veteran does not have a currently diagnosed disorder of the legs, and there is no evidence linking any current leg pain to service. The back disorder was also not shown to be related to service.

The Board found that the Veteran's claimed chronic sinus disorder is not related to his active service and denied his claim.

The Veteran's claim for an increased evaluation for his post-operative appendectomy intestinal obstruction with gangrenous small bowel is being remanded due to the need for a new VA examination and additional relevant medical records.

The Veteran's claim for service connection for a digestive disorder, claimed as secondary to his PTSD, is being remanded due to the need for additional medical examination and development of Social Security Administration records.

The Veteran's claim for compensation under 38 U.S.C.A. § 1151 is denied as the evidence does not show that VA carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault caused his osteoporosis and fractures of both feet.

The Board has determined that the criteria for an effective date of October 13, 2005, for the award of a compensable rating for the Veteran's service-connected chin laceration scar have been met. The Veteran's claim for an earlier effective date is granted.

The Board has determined that there is no legal basis to award an effective date earlier than September 1, 2006 for the award of additional pension benefits for a dependent spouse. The claim must be denied.

The Board has granted a 60 percent rating for gout, the maximum available under VA's rating criteria.

The appellant's claim for recognition as the Veteran's surviving spouse has been denied due to a disagreement over living together continuously from the date of their marriage until his death. The case is being remanded for further action.

The Board has determined that the Veteran's currently diagnosed deranged disc at C5-6 with bilateral C6 nerve root impingement is associated with his service-connected left shoulder tendonitis and grants service connection for this condition as secondary to his left shoulder disability.

The Veteran's claim for service connection for dermatofibromas, compound nevi and actinic keratosis is being remanded due to the need for additional development including a VA examination.

The Board has reopened the Veteran's previously denied claim of service connection for a low back disability and found that new evidence received since the last denial raises a reasonable possibility of substantiating the claim. The case is now remanded to obtain additional medical records, including VA treatment records from March 2010, and to schedule the Veteran for an examination to determine if his current low back condition is related to service.

The Veteran's service-connected residuals of non-Hodgkin's lymphoma are rated at 30 percent, reflecting occupational and social impairment with occasional decrease in work efficiency and intermittent periods of inability to perform occupational tasks due to memory loss. The claim for TDIU is denied.

The Veteran's claim for service connection for a left breast disorder, including residuals of a biopsy during her military service, is remanded due to the need for further development and medical opinion.

The Veteran's appeal is remanded for additional development, including obtaining VA and private medical records, as well as a new VA examination to assess the current severity of his service-connected herpes progenitalis.

The Veteran's chronic colitis had its onset during active military service, and the Board finds that he is entitled to service connection for his condition.

The Board has determined that the Veteran's claim for competency determination should be remanded due to new evidence and additional development needed.