Other conditions decisions — 2012

The Board has reopened the Veteran's claim for service connection for stomach trouble and, based on new evidence submitted since the last denial, finds that his stomach disorder is more likely than not related to his military service. The claim is therefore granted.

Both right and left foot hallux valgus with degenerative changes are currently rated at 10 percent, which is the maximum schedular rating authorized under Diagnostic Code 5280.

The Veteran's claim for an increased rating for residuals of a fracture of the right foot was denied, and his TDIU claim was dismissed due to withdrawal.

The Board has remanded the case due to a lack of verification of the appellant's claimed service in the Philippine Commonwealth Army, including in the recognized guerrillas. The claim will be readjudicated after obtaining the necessary information from the National Personnel Records Center.

The Board denied the Veteran's claims of service connection for a skin condition and respiratory disability, finding no evidence to support these claims based on current medical findings and examination results.

The Board found that the Veteran's death was not due to a service-connected disability, including his PTSD. The primary cause of death listed on his certificate of death was atherosclerotic cardiovascular disease.

The Veteran's cerebellar infarct is not considered to be caused by VA medical care, and the Board finds that no additional disability was proximately caused or aggravated by any error in judgment, negligence, or similar instance of fault on the part of VA.

The Veteran seeks service connection for a dental disorder, characterized as loss of teeth. The Board finds that further action is needed to obtain his service treatment and dental records, as well as private dental treatment records. A VA dental examination will also be scheduled.

The Board has reopened the Veteran's claim for service connection for an eye disability due to new and material evidence. However, it is denied as there is no current evidence of a chronic eye disorder related to service.

The Board finds that the evidence is at least in equipoise as to whether the Veteran's cause of death (metastatic gastric cancer) is attributable to his presumed exposure to herbicides. Therefore, service connection for the cause of the Veteran's death is granted.

The Veteran's claim for compensation under 38 U.S.C.A. § 1151 is being remanded due to the need for additional medical examination and development of his VA treatment records.

The Board found that the Veteran's death was not caused by service-connected interstitial lung disease, as there was no evidence linking his condition to asbestos exposure in service. The cause of death was listed as interstitial lung disease with an underlying cause of myocardial infarction.

The Veteran's service-connected left and right knee disabilities have been rated at 10 percent each, with no higher rating granted.

The Veteran's claim for a compensable disability rating for residuals of a left little finger fracture was denied as there is no evidence of any impairment or limitation in the range of motion that would warrant a higher rating.

The Board found no evidence of a current hip disability, and denied the Veteran's claims for service connection for bilateral hip disorder, allergic reaction affecting the top lip, and left shoulder disorder.

The Veteran's genital herpes simplex virus was first diagnosed during active service, and he has had recurrent outbreaks since then. The Board finds that the current diagnosis of genital herpes simplex virus is related to his period of active service.

The Board denied the Veteran's claim for payment or reimbursement of unauthorized medical/dental expenses incurred at a private facility, finding that the treatment was not provided in an emergency situation and thus did not meet the criteria for reimbursement under VA regulations.

The Veteran's service-connected Schnyder's crystalline corneal dystrophy is evaluated at a 10 percent disability rating, and the Board finds no evidence to warrant an increase in this evaluation.

The Veteran died in February 1996 and the appellant was not legally married to him at that time, thus she is not recognized as his surviving spouse for VA death benefits.

The Veteran seeks compensation under 38 U.S.C.A. § 1151 for residuals of a bladder injury resulting from VA TURP surgery in April 2002. The case is remanded to obtain an opinion on whether the current chronic disability is due to carelessness, negligence or some other incident of fault on the part of VA.