Other conditions decisions — 2015

The Veteran's claims for service connection for muscle aches and joint pain have been denied as there is no current, chronic disability manifesting in these symptoms that can be linked to his active duty service.

The Veteran's deviated septum is a qualifying additional disability incurred during inpatient hospital care and not due to his own misconduct or reasonably foreseeable. As such, he is entitled to compensation under 38 U.S.C.A. § 1151.

The Board has determined that the Veteran's current kyphoscoliosis is related to his active service and has granted service connection for this condition.

The Board has determined that the Veteran does not have a current disability of the lower back and therefore, service connection for this condition cannot be granted.

The Veteran's service-connected generalized lipomas are currently rated at 30 percent since November 30, 2012 on a schedular basis. The claim for higher ratings is denied as the evidence does not show that the condition warrants an evaluation in excess of 30 percent.

The Veteran's service-connected retinopathy does not result in visual impairment or incapacitating episodes, and the Board finds that an initial compensable rating is not warranted.

The Board has determined that the Veteran's urinary frequency and prostate disability are caused by his service-connected diabetes, which is considered a secondary condition.

The Veteran's TMJ disease is granted service connection, and the issue of reopening his periodontal disease claim is dismissed.

The Board has granted service connection for a lupus disorder, lesion disorder (manifested by lichen planus and/or lupus), and squamous cell carcinoma of the right eyelid. The other issues are addressed in the REMAND portion.

The Veteran's recurrent epididymitis has been rated as a 20 percent disability, which is the highest non-compensable rating available under the applicable VA Rating Schedule. The condition causes urinary frequency issues but does not meet criteria for higher ratings.

The Board has remanded the case for a new VA examination to address the likely etiology of the Veteran's right parapharyngeal space pleomorphic adenoma, which was diagnosed and excised in 2007. The examiner is asked to consider the pharyngeal and other respiratory symptomatology noted in the Veteran's service treatment records, as well as his exposure to smoke from environmental fires during service.

The Veteran's duodenal ulcer is currently rated at 10 percent disabling, which is the lowest available rating under Diagnostic Code 7305. The Board finds that a higher rating is not warranted as the evidence does not meet the criteria for a higher rating.

The Veteran's claim for an increased rating for residuals of larynx cancer has been granted, with a 60 percent rating effective January 9, 2014.

The Veteran withdrew his appeal for restoration of a 100% rating for adenocarcinoma of the prostate, status post radical retropubic prostatectomy.

The Veteran's death was not service-connected, and therefore he did not meet the criteria for non-service-connected burial benefits. The claim is denied.

The Board denied the appellant's claim for basic eligibility for nonservice-connected pension benefits due to a lack of qualifying service, as his recognized guerrilla service did not meet the statutory or regulatory requirements necessary for entitlement.

The Board has determined that new and material evidence has been received to reopen the Veteran's claim for service connection for dental trauma. The reopened claim is granted as the Veteran sustained in-service dental trauma, but it did not cause a loss of substance of the body of the maxilla or mandible resulting in a loss of teeth.

The Board is remanding the case to obtain missing documents and evidence, including an application for burial benefits, death certificate, receipted bills, notice of disagreement, and any other potentially relevant records. The appellant will be asked to provide additional supporting evidence regarding VA's contract with Kline Galland Hospice Services.

The Veteran's right knee disabilities, including ACL deficiency with medial meniscal tear and degenerative joint disease, have been rated at 20 percent since July 16, 2013.

The Board has determined that the Veteran's current left hand disability is related to his in-service injury, and thus service connection for this condition is granted.