Other conditions decisions — 2009

The Veteran's cause of death was not service-connected, and the appellant is not eligible for nonservice-connected death pension benefits or accrued benefits.

The Veteran's cause of death was not service-connected due to a disability incurred or aggravated by his military service, including exposure to Agent Orange. The Board denied the claim as there is no evidence linking the adenocarcinoma of the esophagus with peritoneal carcinomatosis causing lower intestinal obstruction to any event of service.

The Board has remanded the case due to insufficient evidence regarding the Veteran's Army Reserve service and the nature of her right foot condition. The VA must provide a VA medical examination if the basic training/ACDUTRA/INACDUTRA dates correlate with the onset of the claimed disability.

The Board has determined that a remand is necessary to obtain updated medical records, schedule the Veteran for an examination during an active phase of his lichen planus, and determine if he is receiving constant or near-constant systemic therapy.

The Veteran's appeal has been withdrawn, and the case is dismissed.

The Board denied the appellant's claim for basic eligibility for VA healthcare benefits due to a lack of qualifying active service.

The Veteran's claim for service connection for weakness in the arms and legs was denied as there is no evidence of such a condition during or within one year after his military service. The Board found that the Veteran did not have an event, injury, or disease in service to which a current disorder could be related.

The Board determined that there was clear and unmistakable error in the April 1973 RO Administrative Decision denying DIC benefits to the appellant, finding that evidence showed she was at fault in the continuation of the separation between her and the veteran.

The Veteran's claim for a higher rating for his left thumb disability is remanded. His initial compensable rating for hypertension remains unchanged.

The Board found that the Veteran's current diagnosis of scleroderma was not incurred in or aggravated by service, and may not be presumed to have been incurred therein. The evidence linking the development of scleroderma to exposure to chemicals in service is speculative.

The Board finds that the Veteran's left hip pain with avascular necrosis is related to his service-connected hepatitis B, and grants service connection for this condition.

The Board has remanded the case for additional development, including obtaining VA and Social Security Administration records, scheduling a VA examination, and adjudicating the increased rating claim and TDIU claim.

The Board has remanded the case for a VA examination to determine the current severity of the Veteran's service-connected non-small cell carcinoma of the left lung, including chronic pleuritic pain resulting from radiation therapy. The claim will be readjudicated based on the new evidence.

The Veteran's gastritis is found to be due to the effects of involuntary use of alcohol attributable to service-connected PTSD. The chronic gastrointestinal disorder other than gastritis was not shown to be related to service or proximately due to service-connected disability.

The Veteran's appeal for TDIU has been dismissed due to his death.

The Veteran's claim for a compensable rating for vocal cord polyps, status-post removal, has been denied as there are no current residuals of the condition.

The Board has remanded the case for further development, including obtaining personnel records and determining whether the Veteran was exposed to toxic agents. A VA examination is also needed to determine if her breast cancer is causally linked to service.

The Board finds that the Veteran has a current diagnosis of chronic olecranon bursitis and service connection is granted for this condition. The claim for a skin condition due to radiation exposure cannot be substantiated as there is no evidence of such a condition or any presumptive conditions related to ionizing radiation.

The Board denied the appellant's claim for VA death pension benefits as a child of the Veteran due to his income exceeding the maximum annual pension rate and lack of personal custodian.

The Board has determined that new and material evidence was not presented to reopen the claim of service connection for residuals of a left tibia fracture, as the additional evidence is cumulative or redundant of previous evidence. The Veteran's statement and testimony regarding a leg fracture in service are considered inherently incredible given the timing.