Other conditions decisions — 2009

The Board found that the Veteran's current lung problems are not a result of service or service-connected disabilities, and may not be presumed due to asbestos exposure. The claim for service connection was denied.

The Board has remanded the Veteran's claim for entitlement to service connection for hyperglycemia due to a failure to notify his representative of actions taken in this case.

The Veteran's claim of service connection for a left leg disorder was denied as there is no evidence of current disability.

The Veteran's claim for service connection for nasopharyngeal carcinoma, to include as secondary to exposure to Agent Orange, is being remanded due to the need for additional development and review of his medical records.

The Board has determined that new and material evidence has been received to reopen the Veteran's claim for service connection for presumed ocular histoplasmosis syndrome. The Board also found that the current right eye POHS disability is related to active military service.

The Veteran's claim for service connection for epigastric hernia was denied in 1948 and again in 1953. The Board found that the condition did not warrant service connection, except for appendicitis. The effective date is set at the earliest communication expressing a desire to reopen the claim, which was on June 14, 2001.

The Board found that the appellant's husband did not have qualifying active service for purposes of VA death benefits and therefore, the appellant is not eligible for VA benefits as a surviving spouse.

The Board has determined that the Veteran's right eye injury during service did not result in any current disability, and therefore denied his claim for service connection.

The Veteran is seeking service connection for injuries to his jaw sustained during boxing in service. The case has been remanded due to the need for a Board hearing.

The Veteran's death was not service-connected, and the claim for DIC under 38 U.S.C.A. § 1318 is denied.

The Board has denied the Veteran's claims for service connection for residuals of a powder burn to his left eye and an eye disorder manifested by low phosphorus and cataracts. The decision also dismissed his claim for increased evaluations for bilateral hearing loss.

The Board finds that the appellant is not entitled to an increased rate of death pension as her income does not exceed the maximum annual pension rate.

The Veteran's current eye disability was not incurred in or related to service, and the Board denied his claim for service connection.

The Veteran's appeal is being remanded for further development, including obtaining updated medical records and scheduling a VA examination to assess the current level of disability for his service-connected tardive dyskinesia.

The Veteran's claim for a compensable rating for his chronic fistula in the anus prior to July 14, 2008 was denied.,The Veteran's claim for a higher rating for his chronic fistula in the anus from July 14, 2008 was denied.,The Veteran's claim for a higher rating for his service-connected chronic gastritis was also denied.

The Veteran's left diaphragmatic hernia has been manifested by severe, massive, persistent weakening of fascial support that is inoperable. The Board finds the criteria for a permanent total (100%) rating are met.

The Board has determined that the Veteran's adenocarcinoma of the right lung, which was removed during service, is attributable to service and thus grants service connection for residuals.

The Board finds that the Veteran's adenocarcinoma of the prostate is presumed to have been incurred in service due to herbicide exposure during his active duty.

The Veteran's appeal for service connection for nasopharyngitis has been dismissed due to his death.

The Veteran's skin cancer is being remanded for further examination and development due to insufficient evidence regarding the onset of his condition.