Other conditions decisions — 2010

The Veteran's service-connected conditions have been rated as the maximum allowed under applicable diagnostic codes. The Board finds no basis for a higher rating.

The Veteran's service-connected diverticulosis with gastroenteritis is currently rated at 30 percent, and the Board finds that a higher rating is not warranted based on the evidence of record.

The Board has remanded the case for additional development, including obtaining medical opinions and evidence to determine if the Veteran's post-operative colon cancer with liver metastasis is related to herbicide exposure during service.

The Board has determined that the Veteran's myocardial infarction, which occurred during inactive duty training in October 1994, is service-connected.

The Veteran withdrew his appeal regarding the claim of service connection for a prostate disorder prior to the Board's decision.

The Board denied the Veteran's request for waiver of recovery of an overpayment of $3,588.00 in VA disability compensation due to fault on his part and found that recovery would not be against equity and good conscience.

The Board has remanded the case for further development, including obtaining medical records and determining whether the Veteran's cold injury residuals are related to service.

The Veteran's service records show he entered active service on December 12, 1961, and was discharged from active service on July 17, 1963. His service does not meet the criteria for basic eligibility for nonservice-connected pension benefits as his service is outside of a period of war.

The Board denied service connection for ulcerative colitis, finding that the Veteran's symptoms did not manifest during active service and were not related to his service-connected postoperative residuals of a fistulotomy. The appeal was decided on the merits.

The Veteran's appeal is REMANDED for further development, including a new VA examination to assess the current severity of his service-connected right foot disability.

The Board found that the Veteran's malaria is inactive with no current residuals and denied his claim for a compensable evaluation. The Board also determined there was no clear and unmistakable error in the September 1947 rating decision assigning a noncompensable evaluation for malaria.

The Veteran's squamous cell carcinoma of the neck is presumed to be due to his presumed herbicide exposure during service.

The Board denied the appellant's claim for basic eligibility for non-service-connected disability pension benefits due to a lack of active military service during a period of war, thus failing to meet the threshold eligibility requirements.

The Board has decided to remand the case for additional development due to insufficient medical and other pertinent evidence regarding K.L.D.'s permanent incapacity for self-support prior to his 18th birthday.

The Board dismissed the appeal due to the death of the appellant.

The Veteran's venous insufficiency of the lower extremities was not incurred or aggravated in service, and his post-operative pilonidal cyst with hidradenitis suppurative is currently rated at 10 percent. The Board denied both issues.

The Veteran's service is not considered active military, naval or air service and therefore does not qualify the surviving spouse for VA nonservice-connected death pension benefits.

The Board has granted a disability rating of 10 percent for the service-connected atrial fibrillation, effective from September 5, 2008.

The Board has granted service connection for the cause of the Veteran's death, finding that his cholangiocarcinoma was related to exposure to herbicide in service.

The Veteran's claim for a rating in excess of 0 percent for spontaneous pneumothorax, to include a rating in excess of 10 percent earlier than July 1, 2010, was denied as the disability did not meet the criteria for a compensable rating or a rating in excess of 10 percent prior to July 1, 2010.