Other conditions decisions — 2017

The Board has determined that the Veteran's atelectasis is secondary to his service-connected left kidney cancer, post-left nephroureterectomy, residuals. The Board also found that there was a current hernia but did not determine its etiology.

The Veteran's service does not meet the eligibility criteria for nonservice-connected pension benefits as he did not serve for ninety days or more during a period of war.

The Board has determined that the Veteran's cancerous tumor of the left eye was not incurred in or the result of his service, including presumed exposure to an herbicide agent. Therefore, service connection is denied.

The Veteran has withdrawn his appeals for service connection for a disability manifested by fatigue and muscle and joint pain, to include as due to chronic fatigue syndrome, fibromyalgia, a medically unexplained chronic multisymptom illness, or undiagnosed illness, and entitlement to an increased rating for right foot plantar fasciitis. The claims are dismissed.

The Board has determined that there is no current diagnosed skin condition of the left foot, and thus service connection cannot be granted.

The Board has determined that a rating in excess of 10 percent for the Veteran's right fibula stress fracture is not warranted, but he is entitled to a 20 percent evaluation for his left fibula stress fracture.

The Board has determined that the Veteran's left eye disability did not pre-exist service and was not aggravated by service. The VA examiner opined that any CNVMs in the Veteran's left eye were caused by his pre-existing ocular histoplasmosis and myopic degeneration, which developed prior to service.

The Board has remanded the cases for additional development and to obtain relevant private medical records. The issues of service connection for stomach disorder, Graves disease, and chest pain are being reviewed.

The Veteran's TMJ status-post jaw surgery is not manifested by inter-incisal range of motion limited to 21-30 mm, even when taking into account his complaints of pain.,The Veteran's service-connected mandible numbness of the right and left sides are both manifested by moderate incomplete paralysis. An initial compensable rating of no more than 10 percent for status-post reconstructive surgery, mandible with residual numbness, left side is granted; subject to the law and regulations governing the payment of monetary benefits.,The Veteran's service-connected mandible numbness of the right and/or left sides are not manifested by severe incomplete paralysis. A rating in excess of 10 percent for status-post reconstructive surgery, mandible with residual numbness, right side is denied.

The Board found that the Veteran's current diagnosed conditions, including abdominal pain and repeat infections, are not related to her service-connected defective intrauterine device (IUD). The preponderance of evidence is against the claim.

The Veteran's appeals for increased ratings for his service-connected right and left third metatarsal fractures and DJD were denied as the evidence did not show that his conditions warranted a rating in excess of 10 percent or any compensable evaluation.

The Board has determined that the Veteran's status post fracture dislocation of left hip is the result of his own willful misconduct in service, and therefore denies the claim for service connection.

The Board has determined that the Veteran's hemorrhagic and ovarian cyst, status post abdominal total hysterectomy does not result in marked interference with employment or frequent periods of hospitalization. Therefore, an extraschedular evaluation is denied.

The Board has determined that the Veteran's current basal cell carcinoma, squamous cell carcinoma, lentigo, and actinic keratosis are etiologically related to his active service. The Veteran is granted service connection for a skin disability. For the period on appeal, the Veteran's bilateral hearing loss disability was manifested by no worse than Level II hearing impairment bilaterally.

The Board has determined that the Veteran's cause of death, Cholangiocarcinoma (CCA), was related to exposure to Opisthorchis viverrini parasites in the food while serving in Southeast Asia. As a result, service connection for the cause of the Veteran's death is granted.

The Board denied service connection for a heart murmur and B-cell lymphoma, finding no evidence of exposure to herbicides during service. The Veteran's claim was not granted as there is no current disability related to service.

The Board found that the Appellant's deceased spouse did not have qualifying service and was not a veteran for VA purposes, thus denying her claim.

The Board has determined that the appellant does not meet the criteria to be recognized as the Veteran's surviving spouse for VA benefits due to a valid annulment of her marriage with the Veteran in January 1968. The claim is therefore denied.

The Board found that the Veteran's hiatal hernia did not meet or approximate the criteria for a rating in excess of 10 percent.

The Veteran's left knee conditions have been rated as 20 percent disabling for recurrent subluxation, effective from April 5, 2013. The initial rating in excess of 10 percent for patellar dislocation with chondromalacia and early degenerative changes remains denied.