Other conditions decisions — 2010

The Board has determined that the Veteran's colonic malfunction, which contributed to his death, was likely caused by Chagas disease incurred during service. The Board granted service connection for the cause of the Veteran's death.

The appellant's claim for accrued benefits was denied as it was not filed within one year of the Veteran's death, and there were no pending claims or entitlements at the time of his death.

The Veteran's appeal for nonservice-connected pension has been remanded due to scheduling issues and the appointment of a new representative.

The Veteran's death was not due to a service-connected disability, and he did not receive VA benefits at the time of his death. Therefore, he is ineligible for non-service-connected burial benefits.

The Veteran died prior to the enactment of the American Recovery and Reinvestment Act, which established the Filipino Veterans Equity Compensation Fund. As a result, no claim was filed within the prescribed time limits, and therefore, the appellant is not entitled to the one-time payment from the fund.

The Veteran's bilateral knee conditions have been rated based on the severity of his arthritis and limitation of motion. The current ratings are denied as they do not meet the criteria for a higher rating under the applicable diagnostic codes.

The Veteran's colon cancer was not found to be related to his military service, including exposure to Agent Orange. The claim for service connection was denied.

The Board has remanded the case due to missing Volume I of the Veteran's claims file, which contains service treatment records and other pertinent documents. The issues on appeal are related to sleep disturbance (claimed as insomnia) and numbness in the arms and legs.

The Veteran's right foot bunion and hallux valgus deformity have been rated at 10% since January 1999, as the disability is manifested by painful motion of the great toes.

The Veteran's claim for a disability evaluation greater than 10 percent for his service-connected residuals of a shell fragment wound of the abdomen was denied. The evidence did not support an increase in disability beyond the abdominal scar and the umbilical hernia.

The Board has remanded the case due to insufficient medical evidence regarding the relationship between the Veteran's myelodysplastic syndrome and his service exposure to ionizing radiation. The Veteran is requested to provide additional medical records, including those from Dr. Clayton and Duke University, and a VA examination will be conducted.

The Board determined that esophageal cancer was not service-connected and did not contribute substantially or materially to the Veteran's death. The cause of death, esophageal cancer, is presumed to be due to natural causes rather than any causal relationship with his military service.

The Veteran's appeal involves two main issues: seeking an earlier effective date for service connection and a higher initial evaluation for causalgia of the right hand. The case is being remanded to obtain updated treatment records, conduct a new VA examination, and address whether there was clear and unmistakable error in prior rating decisions.

The Board has determined that further development is needed to address the Veteran's claim for service connection for arthritis of the back and legs with radiating pain, including as due to his service-connected penetrating chest and/or abdomen wound. The case is being remanded for additional examination and opinion.

The Board denied the Veteran's claims for service connection for a left knee disability and hepatitis C, finding no new and material evidence to reopen the left knee claim. The decision on hepatitis C is remanded.

The Veteran's appeal is being remanded for additional development, including scheduling upper GI and VA examinations to assess his acid peptic disease.

The Board has determined that the Veteran is entitled to service connection for endometriosis with edema, interstitial cystitis, and adjustment disorder/depressed mood. The conditions are found to have first manifested during active duty service.

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

The Veteran's appeal was denied for payment or reimbursement of unauthorized medical expenses incurred at a private hospital from March 20, 2007 to March 28, 2007.

The Veteran is seeking retroactive induction into a vocational rehabilitation service program under Chapter 31, Title 38, United States Code. The case must be returned to the VR&E/RO/AMC for further development due to recent changes in regulations and unclear decision from Central Office.