Other conditions decisions — 2012

The Veteran's service connection claims for residuals of a punctured lung and head injury are granted due to presumed exposure to herbicides during his active duty in Korea.

The Board has remanded the case due to incomplete service treatment records and additional development is needed.

The Veteran's appeal is being remanded to obtain additional records and schedule him for a VA examination. The issues include rating his right leg varicose vein stripping, determining if his left leg disorder is secondary to his service-connected condition, and assessing whether he is unemployable due to his service-connected disorders.

The Board has determined that new and material evidence has not been received to reopen the appellant's claim regarding whether his discharge represented a bar to VA benefits. As such, the appeal is denied.

The Veteran's claim for a higher initial rating for his degenerative joint disease of the right hip was denied as there was no evidence showing limited motion or x-ray findings that would warrant a compensable evaluation prior to April 17, 2002. For the period beginning January 11, 2010, the Veteran's claim for a rating in excess of 10 percent was also denied.

The Veteran's initial claim for a higher rating for his service-connected urethral stricture was granted, and he is currently receiving a 10 percent evaluation. A separate 20 percent evaluation has been assigned for the scar resulting from the urethroplasty.

The Veteran's cause of death is determined to be due to esophageal cancer, which the VA has found to be related to his presumed exposure to Agent Orange during service. The Board granted service connection for the cause of death based on this finding.

The Board has granted the appellant's claim for NSC death pension benefits as of January 1, 2008. The appeal is granted to this extent only.

The Veteran's appeal is remanded for further development, including a Compensation and Pension examination to determine the present severity of his service-connected residuals of a GSW to the left hand with comminuted fracture of the left third metacarpal. The issue of entitlement to TDIU must also be readjudicated in light of any ratings awarded.

The Board has determined that the Veteran's death from colon cancer was caused by VA's failure to timely diagnose and treat his condition, resulting in a deterioration of his health. The Board finds that this constitutes negligence on VA's part, warranting an award of DIC benefits under 38 U.S.C.A. § 1151.

The Veteran's claim for service connection for myelodysplasia is being remanded due to the unclear diagnosis and lack of a fully reasoned medical opinion regarding its etiology.

The Veteran's appeal has been withdrawn by the appellant and his representative, resulting in the dismissal of the case.

The Board denied the Veteran's claims for service connection for a respiratory disability and for increased ratings for his depression. The Board found that there was no evidence linking the Veteran's current respiratory or psychiatric conditions to his military service.

The Veteran's claim of service connection for hematuria is being remanded due to insufficient evidence and need for further development.

The Board has remanded the case for additional development due to new evidence from Social Security Administration (SSA) and other reasons. The Veteran's claim will be reconsidered based on this new information.

The Board has determined that the Veteran's low back disability was not incurred in service and is not caused or aggravated by a service-connected disability. The claim for service connection is denied.

The Board denied an initial rating greater than 10 percent for right retropatellar pain syndrome, finding that the disability has been manifested throughout the appeal period by knee pain on use and increased pain during activities. The preponderance of evidence is against a higher rating.

The Board has determined that the Veteran's right foot arthritis is related to his active military service, granting him service connection for this condition.

The Veteran's gouty arthritis has been manifested by one or two exacerbations a year, with no incapacitating episodes in the past year. The Board finds that his disability does not warrant an increased rating beyond the initial 20 percent assigned.

The Veteran's service connection claim for residuals of stroke, including loss of sensation to pain and temperature in the left face and arm, is granted.