Other conditions decisions — 2010

The Veteran's appeal has been withdrawn, and the Board is dismissing the case.

The Board has determined that new and material evidence has been received to reopen the claim of service connection for athlete's foot of the right foot, allowing the Veteran to proceed with this part of his appeal.

The Veteran's anetoderma of the head, face, and neck was rated at 30 percent from September 23, 2003 to November 12, 2003.,The Veteran's anetoderma of the chest and upper back was rated at 10 percent since March 15, 2004.

The Board denied DIC benefits for the appellant as the surviving spouse of the Veteran due to lack of a valid marriage under New York state law and failure to meet the requirements for deemed valid common law marriage.

The Veteran's current heart disorder, including aortic aneurysm and atrial fibrillation, was not incurred in or aggravated by active service. The Board finds no evidence of a chronic heart disability during service and the length of time between separation from service and onset of symptoms weighs against granting the claim on both a direct and presumptive basis.

The Veteran's claim for service connection for a disorder manifested by pelvic pain has been granted, and the issue is now moot.

The Veteran's appeal is denied as he did not meet the criteria for reimbursement under the Millennium Bill Act, and there was no service-connected condition at the time of the treatment.

The Board found that squamous cell carcinoma of the right tonsil was not incurred in or aggravated by service, nor could it be presumed to have been so incurred due to exposure to herbicides. The Veteran's ship was docked in Da Nang harbor but did not qualify as service in the Republic of Vietnam.

The Board found that the Veteran's death was not related to any service-connected condition, including exposure to radiation during service. The cause of death was determined to be pancreatic cancer.

The Veteran's claim for service connection for residuals of a broken jaw was denied as there is no current disability of ear injury or broken jaw.

The Veteran's left great toe disability is primarily manifested by persistent pain and tenderness, especially with movement of the toe, with fatigue and lack of endurance while standing or walking. The Board finds this to be demonstrative of moderately severe injury, but no greater.

The Board denied the appellant's claim for an earlier effective date for service connection for cause of death, finding that the October 1999 rating decision was subsumed by the September 2002 Board decision and thus not subject to a CUE challenge. The Board also noted that the appellant's theory of hypothetical entitlement is not applicable in this context.

The Veteran's additional disabilities are shown as likely due to VA carelessness, negligence, or lack of proper skill in performing the colonoscopy in March 2005. The Board grants compensation under 38 U.S.C.A. § 1151 for status post colonoscopy with perforation and resection of the colon.

The Board found that the appellant's character of discharge is a bar to VA benefits, as he was not insane at the time of his offenses and had committed an offense involving moral turpitude.

The Board has determined that the Veteran's current psychiatric disorder, an adjustment disorder, is related to his military service and grants the claim for service connection.

The Veteran is seeking an increased disability rating for his service-connected residuals of gastrectomy with posterior gastroenterostomy, currently evaluated as 40 percent disabling. The Board finds that the record is not sufficiently developed to ensure an informed decision and remands the case for a new VA examination.

The Board finds that the Veteran's current diagnosis of basil cell carcinoma is due to or the result of sun exposure during military service, and grants service connection for this condition.

The Board finds that the Veteran's dental disorder is not service-connected due to lack of evidence showing bone loss through trauma or disease such as osteomyelitis, and thus does not meet the criteria for a compensable disability rating under VA regulations.

The Board has remanded the case for additional development, including obtaining VA treatment records and scheduling VA examinations to assess the current severity of the Veteran's service-connected prolactinoma and herpes simplex virus.

The Veteran's claims for compensation under 38 U.S.C.A. § 1151 and service connection for right knee, hip/leg, and emotional/mental distress disabilities secondary to her left patellar fracture with ORIF were denied as there was no evidence of fault or negligence in the provision of care by VA.