Other conditions decisions — 2006

The veteran's appeal is being remanded due to the need for proper VCAA notice and additional development of his medical records, including VA and non-VA treatment since January 1991. The case will be readjudicated after these actions.

The cause of the veteran's death is presumed due to in-service herbicide exposure, specifically Agent Orange. The primary cancer site was likely the lung, one of the presumptive cancers associated with Agent Orange exposure.

The Board denied the veteran's claims for service connection for alcohol and drug dependence and personality disorder, finding that there is no legal basis upon which to establish entitlement to these conditions.

The Board has determined that the veteran's death was not caused by a service-connected disability and therefore, denied the claim for service connection for cause of death. The DIC claim is also denied as there is no evidence showing the veteran's death was related to his service-connected right femoral neck fracture.

The veteran's service-connected left great toe injury is manifested by symptoms of tenderness, limited flexion, and a partially avulsed toenail. The RO has granted a 10% disability rating for this condition.

The Board denied the veteran's claim for service connection for PSP, finding that there was no evidence showing a relationship between his in-service exposure and his current condition.

The veteran's claim for service connection for large cell lymphoma was received more than a year after discharge from service and later than the date entitlement arose. Therefore, an effective date prior to February 22, 1999 is not warranted.

The Board has granted a 10 percent rating for carcinoma of the right vocal cord, status post direct laryngoscopy with excision of a polyp.

The veteran's claim for reimbursement of private medical expenses is remanded due to the need for additional development, including VCAA notice and a qualified physician's opinion regarding the emergent nature of his condition.

The Board has remanded the case due to a failure to notify the appellant of alternative forms of evidence that may be accepted as evidence of qualifying service.

The Board has determined that the veteran's residuals of cold injury to both feet warrant a 30 percent evaluation, as they meet the criteria for such under the rating schedule.

The Board has denied the veteran's claims for service connection for sleep disorder, condyloma and genital warts on the penis, and sinus disorder. The evidence does not support a finding that these conditions are related to active service.

The Board found that the veteran's current residuals of a head injury were not incurred in or aggravated by active military service.

The veteran's representative has requested that claims of service connection for osteoporosis and arthritis secondary to the service-connected convulsive disorder be developed. The case is being remanded to prepare a rating decision formally adjudicating these issues, including on the basis of aggravation as set forth in Allen v. Brown. If this claim is denied, the veteran will be notified of the denial and of her appellate rights with respect to these issues.

The Board has determined that the veteran's arthritis is not related to his service and denied his claim.

The Board has determined that the veteran's systemic lupus erythematosus (SLE) was incurred during active military service.

The Board has determined that the overpayment was improperly created for periods when the appellant was not incarcerated or incarcerated for less than 60 days. The amount of the debt is recalculated based on these findings, and the claim for waiver of recovery will be adjudicated under the standards of equity and good conscience.

Your claim for service connection for a bilateral lung disorder has been granted, and you are now receiving the full benefit of your claim.

The veteran's appeal is dismissed due to his death.

The Board has restored the veteran's disability ratings for his left arm strain and right elbow injury, finding that there is no significant improvement in these disabilities.