Other conditions decisions — 2012

The Veteran's digital papillary adenocarcinoma of the left middle finger did not have onset during or as a result of service, and there is no evidence linking it to herbicide exposure or asbestos exposure. The Board finds that the condition was not incurred in service.

The Board found that the Veteran's salivary gland cancer was not incurred in or aggravated by active military service, nor may it be presumed to have been so incurred due to inservice exposure to ionizing radiation.

The Veteran's retrobulbar neuritis resulted in visual acuity of 20/400 for the left eye and 20/25 (-1/+3) for the right eye, which does not meet criteria for a higher disability rating.

The Board denied service connection for the cause of the Veteran's death, finding that there was no evidence linking any service-connected disability to his death or contributing substantially to it. The appellant's claims regarding Agent Orange exposure and PTSD aggravation were also not supported by the evidence.

The Board has determined that new and material evidence has been received to reopen the Veteran's claim of entitlement to service connection for a gastrointestinal disorder, including the residuals of surgery for a small bowel obstruction. The Veteran is found to have abdominal adhesions resulting from inservice surgery to remove a small bowel obstruction.

The Veteran's brief period of service was not eligible for Chapter 30 education benefits due to her failure to meet the required service time criteria, and there is no evidence that she was discharged or released from active duty for a physical or mental condition that interfered with her performance of duty as determined by the Secretary of the military department.

The Veteran's claim for an increased evaluation for his service-connected fractured right elbow with osteoarthritic changes is being remanded due to the need for a new VA examination to assess the current severity of his disability.

The Veteran's service-connected dysfunctions of the sphincter of Oddi and fatty liver disease are granted. The initial rating for bilateral hearing loss is denied, but a noncompensable rating remains in effect.

The Board has dismissed the appeal due to the appellant's withdrawal of the appeal.

The Veteran's treatment at St. Charles Hospital for viral gastroenteritis was not authorized in advance by VA, and the Board finds that there was no medical emergency necessitating immediate private care. Additionally, VA facilities were feasibly available to provide the necessary care.

The Board found that new and material evidence had not been received to reopen the claim for service connection for the cause of the Veteran's death, resulting in a denial.

The Veteran's death was not caused by his own willful misconduct, but the service-connected conditions did not meet the criteria for DIC under 38 U.S.C. § 1318.

The Veteran's appeal is remanded due to the need for a Travel Board hearing. The effective date of the TDIU remains pending.

The Veteran's mood disorder has been productive of occupational and social impairment in most areas due to symptoms such as neglect of personal appearance, difficulty adapting to stressful circumstances, and an inability to establish effective relationships. The Board found that a rating in excess of 40 percent is not warranted.

The Veteran's post-operative residuals of a stab wound and mid-rectus surgical incision of the abdomen do not meet the criteria for a higher disability rating under any applicable diagnostic codes, as his symptoms are inconsistent with those described in the rating schedule. His disability does not cause partial obstruction manifested by delayed motility of barium meal or require the use of a support belt.

The Veteran's appeal is being remanded for further proceedings due to the inadequacy of a previous VA examination and the need to obtain additional medical records.

The Board found that the Veteran does not have a current disability of bilateral shin splints and that there is no evidence of an in-service injury or disease related to this condition. The VA examiner's opinion was more probative than the private clinician's opinion, as it considered all relevant medical records and provided a rationale based on the evidence of record.

The Veteran's appeal is being remanded for additional development, including obtaining outstanding VA treatment records and clarifying the Veteran's reports of cortisone shots in his right foot.

The Board has determined that the Veteran's bilateral hip arthralgia is related to his service-connected left total knee replacement, and thus service connection for this condition is granted.

The Board has determined that the Veteran's umbilical hernia is etiologically related to active service and grants his claim for service connection.