Other conditions decisions — 2012

The Board denied service connection for malignant astrocytoma due to undiagnosed illness or medically unexplained chronic multisymptom illness, and the cause of death claim. The Veteran's astrocytoma was not considered a qualifying condition under VA regulations.

The Board found that the Veteran's respiratory and gastrointestinal problems are not related to his service, including exposure to chemical agents during testing at Edgewood Arsenal. The loss of feeling in his fingers and feet was also not linked to service.

The Board denied the Veteran's claims for service connection for impotence, including as secondary to his service-connected residuals of bilateral renal calculi and to include bladder cancer. The claim was also denied for a rating in excess of 30 percent for residuals of bilateral renal calculi and for an effective date prior to May 8, 2002, for the grant of a 30 percent rating for residuals of bilateral renal calculi.

The Board denied service connection for bilateral cavus foot deformity, finding that the condition was a congenital disease and not incurred or aggravated by active service.

The Veteran's appeal is being remanded due to inadequate reasons and bases provided by the Board for concluding that his sensory deficit in the left lower extremity did not result in more than moderate incomplete paralysis of the sciatic nerve. The case will be returned to the RO/AMC for a new examination.

The Board has ordered further development due to the inadequacy of prior VA examinations and remanded for additional examination. The Veteran's service connection claims for right and left elbow disorders are now pending.

The Board found no evidence of a left foot disorder during service or for many years after service, and the Veteran's statements regarding continuity of symptoms since service were deemed not credible. The Board concluded that there is insufficient competent medical evidence to establish a causal relationship between the current left foot disorder and military service.

The Veteran seeks compensation for right peroneal nerve palsy under the provisions of 38 U.S.C.A. § 1151 due to a total knee arthroplasty (TKA) re-revision surgery in May 1997. The Board has found that additional development is needed, including obtaining consent documents and handwritten notes from VA Medical Center regarding the Veteran's surgeries.

The Board has determined that there is no current chronic thoracic spine disability and thus service connection for a thoracic spine disability cannot be granted.

The Board denied the Veteran's claim for service connection for a nerve disorder, finding that his symptoms are not related to his service-connected shoulder disabilities. The issue of entitlement to TDIU remains pending.

The Veteran's claim for an initial rating in excess of 30 percent for his service-connected pleural plaques is being remanded due to the need to obtain additional medical records and conduct further development.

The Veteran's spouse is entitled to an apportionment of the Veteran's non-service connected pension benefits in the amount of $73 per month from April 17, 2006 to August 16, 2007.

The Veteran's service-connected residuals of a fractured right tibia and peripheral neuropathy of the right lower extremity are currently rated at 20 percent each, but do not meet the criteria for higher ratings under VA's rating schedule.

The Board has determined that the Veteran's claim for service connection for a psychiatric disability other than PTSD is remanded due to the need for additional development, including obtaining VA and private treatment records, Social Security Administration records, and an examination.

The Board has determined that the Veteran's compensation benefits were properly terminated due to his fugitive status prior to April 22, 2005. The overpayment of compensation benefits for this period was waived as it would not be against equity and good conscience.

The Veteran's appeal is being remanded for additional development, including obtaining updated treatment records and scheduling a VA examination to assess the severity of his right knee disability. The issue of entitlement to TDIU benefits has also been raised.

The Veteran's claims for service connection for bilateral shin splints and bilateral heel spurs are being remanded due to the need for a VA examination to determine if these conditions had their onset in service or are etiologically related to any aspect of active duty service.

The Veteran's alveolar nerve trauma resulted in paresthesia and numbness of the lower lip, chin, and gingiva. The Board has determined that a rating of 30 percent is warranted for this condition.

The Veteran's testicular cancer was not incurred or aggravated by his military service, and the Board finds that there is no nexus between his current condition and his active duty.

The Board found that the Veteran's death was not caused by a service-connected disability, and there is no evidence of herbicide exposure. Therefore, service connection for the cause of death cannot be established.