Other conditions decisions — 2012

The Board has denied service connection for a right ear tumor and remanded the issue of service connection for colon cancer. The case is being returned to the RO/AMC for further development, including consideration of an advisory medical opinion.

The Veteran's left knee disability, characterized by limitation of flexion and pain on motion, is currently rated at 10 percent. The Board found that the evidence did not support a higher rating.

The Board determined that metabolic syndrome, which the Veteran has been diagnosed with, does not constitute a disease or disability for VA compensation purposes and therefore cannot be service-connected.

The Board found that the Veteran's current neck disorder is not related to his military service, and thus denied his claim for service connection.

The Veteran's apportionment was denied for the period from September 13, 2002 to July 31, 2003 due to the appellant retaining legal custody of her child during this time.

The Board has determined that the claim should be remanded to obtain a more complete medical opinion regarding the etiology of the appellant's bilateral foot disorders and whether they are related to his military service.

The Board has determined that the Veteran's current bilateral chondromalacia patella is related to an injury she sustained during active duty for training in June 1995, and thus service connection is granted.

The Board has granted service connection for undiagnosed illnesses manifested by fevers and chills, and night sweats due to the Veteran's active duty in the Southwest Asia theater of operations during the Persian Gulf War.

The Veteran's claim for service connection for a gastrointestinal disorder and an abdominal aortic aneurysm, to include as secondary to posttraumatic stress disorder, is being remanded due to the need for additional examinations and development of records.

The Board found that there is no evidence showing a chronic respiratory disorder during service or since, and thus denied the Veteran's claim for service connection.

The Board has dismissed the appeal due to the death of the appellant.

The Board has determined that additional development is needed to obtain relevant medical records and determine whether the Veteran's left leg disability was caused by VA treatment. The case will be remanded for these purposes.

The Veteran's claims for service connection were denied. The Board found that his diagnosed diabetic retinopathy and cataracts are not etiologically related to his period of active service, and his memory loss is not related to his service.

The Veteran's metastatic bone cancer is found to be secondary to his service-connected prostate adenocarcinoma, and the claim for service connection is granted.

The Veteran's right shoulder disorder, manifested by limited forward flexion to 150 degrees with painful motion, does not meet the criteria for a higher rating as his range of motion is more than 25 degrees from the side. The disability picture does not present an exceptional or unusual disability that would render impractical the application of the regular schedular standards.

The Board has determined that the appellant's stepdaughter was not entitled to receive dependent compensation after December 1994, resulting in an overpayment. The case is being remanded for a detailed accounting of the overpayment and apportionment.

The Veteran's claim for compensation under 38 U.S.C.A. § 1151 is remanded due to incomplete records and the need to review quality assurance records.

The Veteran's claim for service connection for left foot drop has been reopened, and the Board finds that new and material evidence has been presented. The issue of an initial disability rating in excess of 30 percent prior to April 17, 2009, and in excess of 50 percent thereafter, for PTSD remains mixed.

The Board finds that the Veteran's current degenerative spondylolisthesis at L4,5 with disc disease is due to aggravation during service and grants service connection for this condition.

The Veteran's claim for a higher rating for his service-connected lumbar spine disability was denied as the evidence did not show ankylosis or incapacitating episodes meeting the criteria for a higher rating.