Other conditions decisions — 2012

The Board has determined that the Veteran's right hip arthroplasty is secondary to his service-connected degenerative disc disease of the lumbar spine, and thus grants service connection for this condition.

The Board found that the appellant did not have qualifying service as a member of the Philippine Commonwealth Army, including recognized guerrillas, in the service of the United States Armed Forces. Therefore, he is not eligible for VA benefits or the one-time payment from the Filipino Veterans Equity Compensation Fund.

The Board has remanded the case for additional development, including obtaining a VA medical opinion to determine whether the Veteran's service-connected ischemic heart disease caused or contributed substantially to his death.

The Board has granted service connection for bilateral shin splints and finds that the Veteran's current bilateral shin splints are related to her military service. The issue of residuals of viral meningitis is remanded as the Veteran failed to report for a VA examination scheduled in October 2010, and further development is needed.

The Board has remanded the case due to insufficient evidence regarding the Veteran's claim for service connection for recurrent cysts, which he claims as soft tissue sarcoma. The VA examiner was requested to provide an opinion on whether any current cysts reflect a chronic condition that had its initial onset in service.

The Board has granted service connection for a recurrent ventral hernia, but denied service connection for a hiatal hernia. The recurrence of the ventral hernia is attributed to VA surgical procedures performed in 2004 and 2006, while the hiatal hernia was found to have preexisted active duty.

The Veteran's claims for increased ratings and a TDIU were denied. The Board found that the evidence did not support higher evaluations or a TDIU based on his service-connected disabilities.

The Board found that the Veteran's prostate cancer is in remission and no longer active, thus reducing his disability rating from 100% to 60%. The predominant residual of his prostate cancer is voiding dysfunction, specifically urine leakage. Therefore, a 60 percent evaluation was assigned.

The Veteran's appeal was dismissed due to the death of the appellant.

The Board found that the Veteran's currently diagnosed multiple myeloma is not related to military service and denied his claim for service connection.

The Veteran's death was attributed to respiratory failure, pleural effusion, malignant lung metastasis and gastric cancer. The Board found that the evidence did not support service connection for gastric cancer as a result of military service or exposure.

The Veteran's service-connected mood disorder more nearly approximates total social and occupational impairment, warranting a 100 percent evaluation.

The Veteran's claims for earlier effective dates were denied as there is no evidence of any pending formal or informal claim prior to November 30, 2005.

The Veteran's claim for payment or reimbursement of medical expenses incurred at Lakeland Regional Medical Center on March 12 and 13, 2004 is being remanded due to the need for additional development.

The Veteran's death was not service-connected, and the appellant is granted a plot or interment allowance but must ensure that funeral expenses have been paid prior to receiving the award.

The Board has determined that the Veteran's central serous retinopathy, diagnosed as a form of macular degeneration, manifested during his active duty service and is therefore granted service connection.

The Veteran's right eye surgery resulted in overcorrection, leading to double vision and image tilt. The Board found that this was not an unforeseeable event of the surgery and thus denied compensation under 38 U.S.C.A. § 1151.

The Board finds that the Veteran's skin disability, including rash on legs and boils, was not incurred or aggravated during his active service. The evidence does not support a finding of direct service connection due to herbicide exposure.

The Veteran's service-connected left foot capsulitis, neuroma and metatarsalgia are rated at 30 percent under DC 5284 for severe foot injuries. The Board finds that the symptoms more nearly approximate this rating.

The VA denied the appellant's claim for one-time payment from the Filipino Veterans Equity Compensation Fund due to a certification by the service department that he had no valid military service.