Other conditions decisions — 2012

The Veteran's service-connected right diaphragm paralysis was rated at 10 percent prior to June 18, 2010. From June 18, 2010, forward, the disability picture does not warrant an evaluation in excess of 10 percent.

The Board found that the Veteran's current respiratory disorder is not related to his service, specifically noting that there was no evidence of asbestosis or mesothelioma. The condition appeared to be monitored and stable over time.

The Veteran's dysthymic disorder has been rated at 30 percent since June 24, 2009. The Board found that the symptoms do not warrant a higher rating.

The Veteran's right shoulder disability is currently rated at 40 percent, and the Board found that a higher rating was not warranted based on his symptoms of ankylosis with abduction limited to between 60 degrees and 25 degrees.

The Board denied the Veteran's claim for an increased rating for his service-connected lumbar spine disability, finding that it did not meet the criteria for a higher rating.

The Board has ordered a remand to address the Veteran's knee disabilities, specifically recurrent subluxation and lateral instability. The case is returned for further review.

The Board granted a 30 percent evaluation for the Veteran's service-connected beta thalassemia minor effective from July 19, 2011.

The Veteran's lymphoma (Waldenstrom's macroglobinemia) is not service connected due to ionizing radiation exposure. The claim for an increased evaluation for malaria, for purposes of accrued benefits, was denied.

The Board has ordered additional development to obtain missing VA treatment records and to provide the Veteran with a new VA examination. The appeal is remanded for these purposes.

The Board has granted service connection for the Veteran's cold injury to the feet, finding that it originated in service and is related to his active military service.

The Veteran claims his current gastrointestinal disorder is related to service, specifically his history of amoebic dysentery in Vietnam. The Board has ordered additional development including a VA examination and the request for updated treatment records.

The Board found no evidence of a heart disorder during service and denied the claim for service connection.

The Board found that the Veteran's service connection claim for anaplastic lymphoma was not granted as it is not related to his military service or any event during service, including exposure to herbicides.

The Board has determined that it is at least as likely as not that the Veteran's adenocarcinoma of the rectum was incurred in service or within one year of his discharge from military service.

The Veteran's service connection for varicose veins of the right and left lower extremities has been granted, with initial ratings assigned. The appeal is denied as there are no new issues regarding service connection or rating determinations.

The Veteran's appeal is remanded due to the need for additional information from Social Security Administration (SSA) records.

The Board has determined that new and material evidence has been received to reopen the claim of service connection for a psychiatric disability, specifically schizoaffective disorder. The Veteran's preexisting psychiatric condition is presumed to have existed prior to service, but the presumption can be rebutted if clear and unmistakable evidence shows it did not increase in severity during service. In this case, the Board found that there was no clear and unmistakable evidence of such an increase, thus finding that the schizoaffective disorder incurred in service.

The Veteran's squamous cell carcinoma of the left external ear canal is being remanded for further examination and opinion to determine if it is related to service exposure.

The Veteran's claim for an increased evaluation for residuals of poliomyelitis is being remanded due to the need for additional medical records and a VA examination.

The Board denied the appellant's claim for recognition as the Veteran's surviving spouse, finding that at the time of the Veteran's death, he and the appellant were legally divorced under California law. The appellant was therefore precluded from receiving VA benefits.