Other conditions decisions — 2009

The Veteran's left inguinal hernia, status post surgical repair, was not manifested by recurrent hernias or disabling symptoms prior to January 12, 2009. Beginning January 12, 2009, the condition is manifested by tenderness over a left inguinal scar but no evidence of recurrence.

The Veteran's claim for an increased evaluation of his service-connected shell fragment wound of the left posterior thigh (Muscle Group XIII) is being remanded due to concerns about a separate evaluation for paralysis of the left sciatic nerve and notification requirements.

The Board has determined that the Veteran's transitional cell carcinoma of the bladder is as likely as not related to his period of active service, including exposure to paint and chemical solvents during military service. As a result, the claim for service connection is granted.

The Veteran is seeking a higher rating for his left knee disability, which was previously rated at 10 percent and increased to 20 percent effective May 26, 2005. The case is being remanded due to the need for additional medical records and an updated VA examination.

The Veteran's claim for compensation under the provisions of 38 U.S.C. § 1151 was denied because there is no evidence to support that VA carelessness, negligence, or error in judgment caused his additional disability.

The Veteran's claim for compensation under 38 U.S.C.A. § 1151 is granted as the rectourethral fistula with diverting colostomy, cystectomy, and ileal conduit diversion was caused by VA care without his informed consent.

The Board denied the Veteran's claim for service connection for conjunctivitis of the right eye, finding that it was not incurred or aggravated during service and was unrelated to his service-connected pterygium.

The Board has determined that the appellant is entitled to recognition as the Veteran's surviving spouse for purposes of establishing entitlement to VA death benefits.

The Veteran's claim for service connection for a vascular condition involving his lower extremities is being remanded due to the need for further development and consideration, including obtaining medical nexus evidence.

The Board has determined that the Veteran's net worth is not excessive for the receipt of improved pension benefits, and thus grants his appeal.

The Board denied service connection for fatigue and diarrhea, finding that these conditions are not related to active service but may be due to an undiagnosed illness experienced during the Veteran's service in the Persian Gulf.

The Veteran's income exceeded the maximum annual pension rate for an unmarried Veteran without a dependent child, resulting in denial of non-service connected disability pension.

The Veteran's service-connected right foot fracture is not shown to meet the criteria for a compensable disability rating.

The Board found that the Veteran's hammertoe deformity of both feet did not have its clinical onset in service or was related to any event or incident of active service. The service-connected bilateral pes planus with calluses is also not shown to have caused or aggravated the hammertoe deformity. The Veteran underwent surgery for her foot condition, but this did not involve treatment for a service-connected disability.

The Veteran's claim for service connection for residuals of pneumonia, including shortness of breath and a lung condition is denied as there is no current diagnosis of such conditions.