Other conditions decisions — 2005

The veteran is seeking compensation benefits under 38 U.S.C.A. § 1151 for shortness of breath, weakness, drowsiness, heart failure, gastrointestinal problems, and a nervous condition caused by medication received at the VA Medical Center in East Orange, New Jersey.

The Board found that the appellant did not have qualifying service and is therefore not a veteran for purposes of entitlement to VA benefits.

The VA has determined that the appellant's husband did not have service as a member of the Philippine Commonwealth Army in the United States Armed Forces, thus denying his eligibility for VA death benefits.

The Board denied the veteran's claims for service connection for actinic keratoses and basal cell epithelioma, as well as entitlement to additional monthly DIC benefits due to the cause of death. The veteran was not found to have a service-connected condition that caused or aggravated his current conditions.

The Board has determined that the veteran's current left lower extremity disorder is not related to his military service, and thus denied his claim for service connection.

The Board has determined that the veteran's HIV was not incurred during service and there is no competent evidence linking it to his military service. As a result, the claim for service connection for HIV is denied.

The veteran's service-connected residuals of fracture to the left tibia and fibula are currently rated at 20 percent, which is appropriate given his moderate knee and ankle disabilities. The low back disability has been granted as secondary to the service-connected fractures.

The VA denied the veteran's claim for service connection for dementia, as secondary to Agent Orange exposure, finding no current diagnosis of dementia and insufficient evidence to support a clinical diagnosis.

The Board denied service connection for memory problems, insomnia, and fatigue due to an undiagnosed condition as these symptoms are not considered to be related to service. The claim for disabilities of the joints is pending.

The Board determined that the veteran's gastrointestinal symptoms during service were acute and transitory, resolving without producing chronic residual disability. The weight of the competent medical evidence does not establish a link between any current gastrointestinal disorder and his military service.

The veteran's failure to report for necessary VA examinations resulted in the denial of his claim for TDIU.

The Board denied the veteran's claim for service connection for varicose veins, finding no competent medical evidence linking his current condition to military service.

The Board has determined that the veteran's varicose veins of the left leg are currently evaluated as 20 percent disabling, and does not meet the criteria for a higher evaluation.

The veteran's post-ulcer excision from larynx residuals do not meet the criteria for a higher evaluation than 10 percent under either the old or new rating criteria.

The Board has determined that the veteran does not have a current disability due to an in-service left hydrocele and therefore, service connection for residuals of a left hydrocele is denied.

The Board found that the veteran's stomach cancer and adenocarcinoma of the stomach were not related to his active service, including exposure to herbicides in Vietnam.

The Board denied the reopening of the veteran's claim for service connection for ulcers, finding that new and material evidence had not been submitted.

The veteran's throat cancer is being reviewed for service connection due to presumed exposure to herbicides. Additional development, including a VA opinion on the relationship between his larynx cancer and his throat cancer, is needed before a decision can be made.

The Board found that the veteran's death was not caused by VA treatment, and thus denied compensation under 38 U.S.C.A. § 1151.

The Board has remanded the case for additional development, including an examination and a search of medical records.