Other conditions decisions — 2010

The Veteran's appeal is being remanded for additional development, including obtaining his VA vocational rehabilitation folder and scheduling him for a right knee examination.

The Veteran's claims for service connection for athlete's foot, keratosis pilaris, and arthralgia are being remanded due to the need for additional medical examination.

The Veteran's myelodysplastic syndrome with cytogenetics (MDS) is granted as service connected due to presumed exposure to herbicides during his Vietnam service.

The Veteran's claim for nonservice-connected VA burial benefits was denied as the appellant did not provide the required proof of death within the one-year deadline.

The Board has remanded the case due to the need for additional development, including obtaining medical records and scheduling a VA examination.

The Board has determined that the Veteran's refractory anemia, claimed as due to exposure to ionizing radiation during his service in Hiroshima, is service-connected for accrued benefits purposes.

The Board has granted the appellant's claim for recognition as an eligible applicant for accrued benefits, but denied her claims for DIC and death pension due to lack of legal eligibility based on the short duration of their marriage.

The Board has remanded the case for additional development, including scheduling a VA examination and obtaining relevant medical records.

The Board has denied the Veteran's claims for service connection for various conditions, including carcinoma of the bladder, bleeding from the penis, rectum, and nose, prostate disability, right eye disability, gastrointestinal disability, and skin disability. The claims were previously denied in June 1990 and July 2000 without reopening.

The Board has remanded the case for further development due to a change in hearing officer and the appellant's request for a videoconference hearing.

The Board has determined that new and material evidence has been received to reopen the claim of service connection for penile lesion, which was previously denied in September 2002. The Veteran's testimony and medical records provide additional probative information relating to unestablished facts necessary to substantiate this claim.

The Board has determined that the Veteran's death was caused by his exposure to herbicide agents during service, and thus grants service connection for the cause of the Veteran's death.

The Veteran's claim for service connection for a left testicle disability was denied, and his claim for an initial rating in excess of 70 percent for PTSD with depressive disorder was also denied. The Board found that the evidence did not support service connection due to lack of medical relationship between current condition and service.

The Board found that the Veteran's left foot disability did not meet or approximate the criteria for a higher rating than 10 percent.

The VA determined that the Veteran does not have active malaria or any residuals, and thus denied his claim for a compensable disability rating.

The Veteran's right thigh disability has been found to be a through-and-through injury with an entrance and exit wound, initial infection, and intermuscular scarring. The disability affects the Veteran's employment due to muscle weakness, fatigue, and uncertainty of movement. Considering all factors, the benefit of doubt is given to the Veteran, and he is now rated at 40 percent for his service-connected disability.

The Board found that the Veteran did not have lipomatosis, congenital complete heart block, or a chronic bronchial disability as a result of his military service. The claims were denied.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling VA examinations to determine the nature of his service-connected conditions and whether they are related to his military service or herbicide exposure.

The Veteran's cause of death is being reviewed to determine if his service-connected disabilities were principal or contributory causes. The VA will need to obtain additional medical records and provide the appellant with proper VCAA notice.

The Board is remanding the case due to insufficient information regarding the exact amount of the overpayment created when the Veteran's former spouse was retroactively removed as a dependent. The Veteran will be notified of this amount and provided with a copy of the notice letter.