Other conditions decisions — 2011

The Board denied the Veteran's claim for service connection for a lung disorder, finding that there is no evidence to support a link between his current respiratory condition and exposure to herbicides in Vietnam.

The Veteran's death was not caused by or substantially contributed to by a service-connected disability. The claim for compensation under 38 U.S.C.A. § 1151 has also been denied as there is no evidence that the Veteran's death was due to carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of VA.

The Veteran's post-polio syndrome of the right upper extremity, left upper extremity, right lower extremity, and left lower extremity have been evaluated as 20 percent disabling in each instance. The Board finds that these evaluations are appropriate based on the evidence of record.

The Veteran's appeal has been dismissed as the appellant requested to withdraw their appeal.

The Board has remanded the case for further development and adjudication, including consideration of whether the residuals to Muscle Group XIII should receive a separate compensable rating or be considered as part of another disability.

The Board found that the Veteran's current diagnosis of discoid lupus is not related to her period of service, and thus denied her claim for service connection.

The Board found that the reduction of the Veteran's disability rating from 100% to 10% for carcinoma of the larynx, effective June 1, 2008, was proper based on multiple VA examinations and treatment records showing no active malignancy or significant residuals.

The Veteran's gastric reflux was not incurred in service and the Board finds that it is not related to his military service.

The Board has determined that new and material evidence has been received to reopen the Veteran's claim of entitlement to service connection for prostatitis, which was previously denied in March 2003. The reopened claim will now be reviewed.

The Board has decided to remand the case for additional development, including obtaining VA medical records and SSA disability determination records. The Veteran will also be provided with a VA examination to determine the nature, extent, onset, and etiology of any stroke disorder found to be present.

The claim is being remanded for further development, including obtaining additional VA or private treatment records and scheduling a VA compensation examination to reassess the severity of the Veteran's right elbow and forearm disability.

The Board has determined that the Veteran's partial paralysis of vocal cords is related to his military service, and thus granted service connection for this condition.

The Board has determined that new and material evidence has been received to reopen the Veteran's claim for service connection for an eye disorder, which was previously denied in December 1996. The case is now remanded for further medical examination and opinion.

The Veteran's claim for a compensable evaluation for his right hand fracture residuals was denied. The claims for initial ratings greater than 10 percent for service-connected degenerative arthritis of the lumbar spine and carpal tunnel syndrome, as well as the TDIU claim, were also denied. The effective date for the award of service connection for carpal tunnel syndrome was not granted earlier than September 11, 2010.

The Board has granted service connection for organic brain syndrome and assigned a 10% rating effective December 12, 1996. The Veteran's claim for an increased rating remains pending.

The Veteran seeks service connection for residuals of metallic fragments in his lungs. The RO denied the claim, finding no evidence showing that the fragments are currently causing lung disabilities. The Board finds a need for further examination to determine if current lung conditions are related to service.

The Board has determined that new and material evidence has not been received to reopen the Veteran's claim of service connection for varicose veins of the legs as secondary to left varicocele, status post high ligation.

The Board found no evidence of a right index finger disability in service or any medical nexus between the Veteran's current amputation and his military service, including his service-connected bilateral hearing loss.

The Board denied the appellant's claim for nonservice-connected pension benefits due to a lack of qualifying active service and because he was not discharged or released from service for a service-connected disability.

The Veteran's claim for a rating in excess of 10 percent for traumatic amputation of the left fourth finger is denied as his disability does not meet or approximate the criteria for a higher evaluation under the applicable rating schedule.