Other conditions decisions — 2013

The Veteran's cause of death is being reviewed, and the Board has requested additional development to determine if his service-connected primary cardiomyopathy contributed to his death. The VA physician will provide an opinion on this issue.

The Veteran's service-connected residuals of multiple rib fractures are currently manifested by complaints of chest pain, but no objective evidence of muscle injury or damage, restrictive lung disease, or removal/resection of ribs without regeneration. As such, the criteria for an initial compensable rating have not been met.

The Veteran's claim for service connection for throat cancer, including cancer of the base of the tongue and neck, is being remanded due to his failure to report for a VA examination. The issue will be reconsidered after scheduling another examination.

The Board has determined that the Appellant's right hip disorder was not incurred during active duty for training and is not related to his service-connected disability. The claim for service connection is denied.

The Veteran's claims for increased ratings and earlier effective dates were denied as the evidence did not support a higher rating or an earlier effective date.

The Board has granted a disability rating of 30 percent for the appellant's duodenal ulcer (post-operative vagotomy, hemigastrectomy and gastrojejunostomy) since February 1990. The claim for TDIU remains pending.

The Veteran's appeal for service connection for an adjustment disorder has been withdrawn by his attorney.

The Board denied the Veteran's claim for service connection for a compression fracture of T9-T10, finding that there was clear and unmistakable evidence that the Veteran entered active duty with a preexisting back disorder and that active duty did not aggravate or cause an increase in severity of his preexisting condition.

The Veteran's fatigue is attributable to a service-connected condition, thus the claim for service connection for fatigue was granted.

The Board denied the Veteran's claims for service connection for a respiratory disorder and residuals of a stroke, finding that there was no evidence to support these claims.

The Veteran is seeking compensation under the 1151 statute for complications from a staph infection and loss of bone and muscle following negligent medical treatment at the New Orleans VA Medical Center in June through August 1999. The claim has been remanded to obtain consent forms signed by the Veteran during his treatment period.

The Veteran withdrew his appeal, thus the case is dismissed.

The Board has decided that the claims for service connection for gastric cancer and atrial fibrillation need further development due to inconsistencies in medical records and the need for clarification of diagnoses.

The Board found no evidence of a nexus between the appellant's non-Hodgkin's lymphoma and his military service, including exposure to Gulf War conditions.

The Board found that the Veteran's current right eye disability is not related to his service, and thus denied his claim for service connection.

The Veteran's appeal has been dismissed due to his death.

The Veteran seeks service connection for nasal deformity and sinus/breathing disorders allegedly due to an in-service septorhinoplasty. The case is being remanded for further development, including a VA examination.

The Veteran's right hemi-diaphragm paralysis, resulting from a VA-administered vaccine for pneumonia in March 2007, is found to be compensable under 38 U.S.C.A. § 1151. The appeal regarding service connection and rating issues has been withdrawn by the Veteran.

The Board has determined that new and material evidence has not been submitted to reopen the claim for service connection for a right leg disability, and thus remands the case back to the RO for further action.

The Board has granted the Veteran's petition to reopen his claims for service connection for neurological disabilities of both lower extremities, as secondary to his service-connected lumbar myositis. The appeals regarding a higher rating for lumbar myositis and TDIU are addressed in the remand following this decision.