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Partly grantedPACT Act

PTSD symptoms more nearly approximate a 50 percent rating.,The service-connected status post residuals of right radical orchiectomy for seminoma with embryonal carcinoma of the right testicle and atrophy of the left testicle with hypogonadism do not meet the criteria for a higher rating.,There is no evidence of a lung disorder (claimed as tuberculosis, sarcoidosis/pneumonitis, respiratory disorder, lung disorder, breathing problems, and lung cancer secondary to carcinoma of the right testicle) incurred in or aggravated by active military service. The claim may not be presumed to have been incurred in or aggravated by military service.,Chest pain is not a distinct disability for VA disability compensation purposes.,Peptic ulcer disease was not incurred in, or aggravated by, active military service. The claim may not be presumed to have been incurred in or aggravated by military service.,GERD was not incurred in or aggravated by active military service. The claim may not be presumed to have been incurred in or aggravated by military service.,Degenerative joint disease was not incurred in, or aggravated by, active military service. The claim may not be presumed to have been incurred in or aggravated by military service.,Low back pain is not a distinct disability for VA disability compensation purposes.,Claudication (also claimed as peripheral vascular disease) was not incurred in, or aggravated by, active military service. The claim may not be presumed to have been incurred in or aggravated by military service.,Obesity was not incurred in or aggravated by active military service.,Dyslipidemia is not a disability for VA disability compensation purposes.

The deciding factor: PTSD symptoms more nearly approximate occupational and social impairment with reduced reliability and productivity due to such symptoms as mood lability, depressed mood, frequent angry outbursts, loss of animation of affect similar to flattened affect, grandiosity of speech, flashbacks and nightmares, mild-to-moderate paranoid thinking, difficulty in establishing and maintaining effective work and social relationships.,The service-connected status post residuals include right radical orchiectomy and atrophy of the left testicle with hypogonadism; this disability has not caused marked interference with employment beyond that contemplated by the schedule for rating disabilities, necessitated frequent periods of hospitalization, or otherwise rendered impractical the application of the schedular rating criteria.,There was no lung injury or active disease or breathing disorder in service. No continuous symptoms of a lung disease or breathing disorder since service separation. No evidence of active tuberculosis manifesting within three years of service separation. No competent medical evidence to show a current disability of the lungs, including tuberculosis, sarcoidosis, pneumonitis, and carcinoma.,The veteran's complaints of chest pain have been related by competent medical evidence to non-service-connected coronary artery disease status post coronary artery bypass.,Peptic ulcer disease was not chronic in service. Did not manifest to a compensable degree within a year of service separation. Was not continuous since service separation. No competent medical evidence to relate a currently diagnosed peptic ulcer disease to service.,GERD was not chronic in service. GERD was not continuous since service separation. No competent medical evidence to relate a currently diagnosed GERD to service.,Degenerative joint disease was not chronic in service. Did not manifest to a compensable degree within a year of service separation. Was not continuous since service separation. No competent medical evidence to relate a currently diagnosed degenerative joint disease to service.,The veteran's complaints of low back pain have been related by competent medical evidence to non-service-connected degenerative joint disease.,Claudication due to peripheral vascular disease was not chronic in service. Did not manifest to a compensable degree within a year of service separation. Was not continuous since service separation. The competent medical evidence relates peripheral vascular disease with claudication to non-service-connected coronary artery disease status post coronary artery bypass. No competent medical evidence to relate a currently diagnosed peripheral vascular disease with claudication to service or a service-connected disability.,Obesity was not chronic in service. Obesity was not continuous since service separation. No competent medical evidence to relate current obesity to service or a service-connected disability.,Dyslipidemia is not a disability for VA disability compensation purposes.

Claimed conditions
Post-Traumatic Stress Disorder (PTSD), Status post residuals of right radical orchiectomy for seminoma with embryonal carcinoma of the right testicle and atrophy of the left testicle with hypogonadism, Lung disorder (claimed as tuberculosis, sarcoidosis/pneumonitis, respiratory disorder, lung disorder, breathing problems, and lung cancer secondary to carcinoma of the right testicle), Chest pain, Peptic ulcer disease, Gastroesophageal reflux disease (GERD), Degenerative joint disease, Low back pain, Claudication (claimed as peripheral vascular disease), Obesity, Dyslipidemia, Prostate cancer secondary to carcinoma of the right testicle, Leukemia secondary to carcinoma of the right testicle, Non-Hodgkin's lymphoma secondary to carcinoma of the right testicle, Kidney disorder (claimed as kidney disorder) secondary to carcinoma of the right testicle, Skin melanoma secondary to carcinoma of the right testicle
How they argued it
Not specified
Exposure basis
None
Rating assigned
None in this decision
Decision date
January 31, 2007
Citation
0702883

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