Other conditions Board decisions

The Board has determined that further development is necessary regarding the Veteran's claim of service connection for benign prostatic hypertrophy (BPH). The dates of active duty are unclear, and clarification is needed before final adjudication can be made.

The Veteran's degenerative joint disease of the left and right elbows was found to not meet criteria for a compensable rating from September 14, 2004 through April 28, 2010.

The Board denied the Veteran's claim to reopen his character of discharge from service as a bar to VA benefits, finding that no new and material evidence had been submitted.

The Veteran's brain tumor was not incurred as a result of any incident of active duty service.

The Veteran's claim for service connection for vision loss and a left knee disorder was denied. The Board found that the Veteran currently has presbyopia, which does not qualify as an injury or disease warranting service connection.

The Veteran's claim for an initial rating in excess of 10 percent for interdigital maceration of both feet is being remanded due to the need for a contemporaneous VA examination and additional treatment records.

The Board denied the appellant's appeal as she did not file a timely substantive appeal in response to the September 1999 decision denying her claims for service connection for cause of the Veteran's death and for DIC under the provisions of 38 U.S.C.A. § 1318.

The Veteran's throat cancer is found to be related to his exposure to trichloroethylene during service, and thus service connection for post laryngectomy throat cancer with loss of voice is granted.

The Veteran's service-connected hiatal hernia with peptic ulcer disease is currently evaluated at 30 percent, and the Board finds that it does not meet the criteria for a higher rating.

The Board found that the Veteran's post-radiation incontinence was not caused by VA negligence or carelessness, and thus compensation under 38 U.S.C. § 1151 is denied.

The Veteran's claim for compensation under the provisions of 38 U.S.C.A. § 1151 was denied as his chronic urological disorder is not considered to be a result of VA surgical treatment, hospital care, or medical treatment.

The Board has determined that there is no legal entitlement to an effective date earlier than June 23, 2010 for the grant of survivor benefits based on the need for aid and attendance. The claim was received by VA on June 23, 2010.

The Board found that the Veteran's bilateral inguinal hernias were not caused by VA hospital care, medical or surgical treatment, and thus compensation under 38 U.S.C.A. § 1151 is denied.

The Veteran's service-connected left inguinal hernia is currently rated at 10 percent and does not warrant a higher rating. The Board found no recurrence of the hernia, which precludes an increased rating. For TDIU, as the Veteran's sole service-connected disability (left inguinal hernia) is rated 10 percent, he does not meet the criteria for TDIU under 38 C.F.R. § 4.16(a).

The Veteran's cardiovascular condition is not service-connected as it does not meet the criteria for a Persian Gulf War undiagnosed illness, and there is no evidence of a current disability related to his service-connected fibromyalgia.

The Board has determined that the October 1984 rating decision denying service connection for gouty arthritis of the bilateral feet contained clear and unmistakable error. The effective date for the grant of service connection is set at April 10, 1981, as this was the earliest date on which a claim for service connection could be considered filed.

The Veteran's appeal is remanded for a new VA examination to assess the current severity of his service-connected duodenal ulcer and for further development.

The Board has determined that further development is needed to determine the severity of the Veteran's service-connected disability and whether his current back symptoms are related to this condition. The case will be returned for these actions.

The Veteran's claims for a compensable evaluation for an inguinal hernia, service connection for hematuria, and reopening of the claim for service connection for an eye condition were all denied. The Board found that there was no evidence of a current disability related to the eye condition.

The Veteran's claim for waiver of recovery of an overpayment of VA improved pension benefits was denied due to the Veteran failing to disclose all sources of income. The Board has ordered additional development, including obtaining relevant documents and re-adjudicating the case.