Other conditions decisions — 2010

The Board found that the Veteran's death was not caused by a service-connected disability and denied his claim for service connection for the cause of his death.

The Board has determined that the appellant's income exceeds the maximum annual pension rate, thus denying her entitlement to nonservice-connected death pension benefits.

The Board has determined that the Veteran's claimed circulatory disabilities of the lower extremities are not related to service, including as secondary to a service-connected disability.

The Veteran's application for enrollment in the VA healthcare system was denied as he does not have a service-connected disability and his income exceeds the income thresholds for enrollment.

The Board has denied the Veteran's claims for service connection for peptic ulcer disease and numbness in the right foot, as well as his increased rating claims. The claim of reopening a previously denied peptic ulcer disease was granted due to new evidence received since the May 1992 denial.

The Board denied the Veteran's claim for service connection for a blood clot in the upper right thigh, finding that it was not secondary to his service-connected hypertensive vascular disease and did not manifest during active military service.

The Board found no evidence of a right arm or right hand disability during service and insufficient competent medical evidence to link current disabilities to service. The Veteran's statements regarding the onset of symptoms were deemed not credible.

The Board has denied the Veteran's claims for service connection for agenesis of the copus callosum (ACC) and restoration of a 30 percent rating for his right knee disorder, finding that ACC is not a disease or injury within the meaning of applicable legislation. The claim for an increased rating for his right knee disorder has been referred to the RO.

The Veteran's claim for service connection for a throat tumor was denied as the tumor was not present until after discharge and is not etiologically related to active service. The claims for skin rash on the back and lower stomach, including as a result of exposure to herbicides, and fungus on both feet are decided herein.

The Board denied the Veteran's petition to reopen his claim for service connection for athlete's foot, finding that no new and material evidence had been submitted since the most recent denial in September 2004.

The Veteran's claims for service connection for multiple head traumas and deep vein thrombosis were denied as he did not have qualifying wartime service.

The Veteran does not have a current disability related to abnormal liver function and the Board finds that this condition was not incurred in or aggravated by active military service.

The Board has reopened the Veteran's claim for service connection for residuals of a back injury, to include insomnia and left hip, left leg, and left foot pain. The evidence received since the October 1974 decision raises a reasonable possibility of substantiating the claim.

The Board has determined that the Veteran does not have current neck or left thigh disorders and therefore, service connection for these conditions is denied.

The Board has remanded the case for additional development, including a VA orthopedic examination to determine if any current right hip disorder is related to the Veteran's active duty service.

The Veteran's squamous cell carcinoma of the mouth is not service-connected as it is more likely related to his long history of tobacco and alcohol use, rather than any environmental exposure during his Gulf War service.

The Veteran is indebted to VA for an overpayment of $47,668.14 due to a reduction in his compensation benefits during his incarceration period from December 2002 to December 2004. However, the portion of the debt calculated after his release on December 17, 2004 is considered invalid due to VA error.

The Veteran withdrew his appeal for compensation under 38 U.S.C.A. § 1151 for perforated bowel and emergency surgery.

The Board has determined that new and material evidence has been submitted to reopen the claim of entitlement to service connection for the cause of the Veteran's death. The appellant's claim is granted as the malignant glioma of the brain which caused his death was related to his inservice exposure to herbicide agents, specifically Agent Orange.

The Board has remanded the case due to the need for additional development, including obtaining relevant medical records and scheduling a VA psychiatric examination. The Veteran's claim of service connection for a psychiatric disability is also being considered.