Other conditions decisions — 2012

The Veteran's service-connected right and left knee disabilities have been rated at 10 percent each since July 10, 2007. The VA determined that the current ratings adequately reflect the severity of her conditions based on limitation of motion.

The Board found that the Veteran's preexisting uterine fibroids did not undergo a permanent worsening during service and were not aggravated by service. The resultant hysterectomy was determined to be a direct consequence of her pre-existing condition.

The VA has granted a 10 percent initial rating for the Veteran's left foot gout with degenerative changes, effective from June 30, 2008.

The Veteran sustained a shell fragment wound to his left hand during combat service in Vietnam, resulting in a retained foreign body. The Board has determined that this condition is service-connected.

The Board has remanded the case for additional development and consideration of the Veteran's claim to reopen service connection for residuals of bilateral ear infections, also claimed as bilateral ear fungus.

The Board denied the appellant's request for an extension of her DEA benefits under Chapter 35, Title 38, of the United States Code beyond September 17, 2009. The claim was denied as there is no basis in the law to support the extension.

The Board has granted a separate compensable evaluation for neurological symptoms of the left and right side of the face associated with the Veteran's service-connected TMJ disorder, based on medical evidence associating these disorders with his service-connected TMJ disorder.

The Board found that the Veteran's residuals of bilateral orchiopexy did not meet the criteria for a compensable disability rating, as they were manifested by atrophy of the testes without symptoms such as chronic epididymo-orchitis, urinary difficulties, renal dysfunction, or infection.

The Board has determined that the Veteran's hysterectomy was related to symptoms experienced in service, and therefore grants her claim for service connection.

The Board has determined that the Veteran's essential tremor, diagnosed as an upper extremity condition, is related to his active duty service and grants service connection for this condition.

The Board denied the appellant's claim for nonservice-connected death pension benefits because her husband did not have recognized service in the Philippine Commonwealth Army, including the recognized guerrillas, in the service of the United States Armed Forces.

The Veteran's income requirements for improved pension benefits including special monthly pension based on the need for regular aid and attendance or being housebound were not met at the time of his death.,The Veteran did not meet the criteria for nonservice-connected burial benefits as he was not a veteran who died while in a VA medical center, domiciliary, or nursing home.

The Board is remanding the case to obtain additional medical records and conduct a VA examination to determine if the Veteran's groin condition was incurred or aggravated by his military service, or caused or aggravated by his service-connected left hip condition, left knee degenerative arthritis, and/or residuals of a right great toe injury.

The Board found that the Veteran's left shoulder disability, including degenerative joint disease, bursitis, and tendonitis, was not caused by VA medical treatment. The preponderance of evidence established that the disability did not result from carelessness, negligence, or lack of proper skill on the part of VA.

The Board denied the Veteran's claims for increased ratings for his right and left inguinal hernias as they do not meet the criteria for a compensable rating under Diagnostic Code 7338.

The Board has remanded the case due to incomplete records and the need for further examination. The Veteran's claim of service connection for a skin disorder, related to Agent Orange exposure, will be reconsidered.

The Board has remanded the case for additional development, including obtaining VA examination reports and Social Security Administration records. The Veteran's claim for an increased rating on appeal remains denied.

The Veteran's claims for increased ratings were denied. The left knee condition was rated at 10 percent, and the lumbar spine disability was not rated higher than 20 percent.

The Board finds that the evidence does not establish service connection for nasopharyngeal cancer or any related conditions due to exposure to herbicide agents. The condition is not listed as a presumptive disease associated with such exposure, and there is no other basis for granting service connection.

The Board has determined that an earlier effective date for the award of TDIU is not warranted, as the claim was received after a prior denial and within one year of the most recent denial.