Other conditions decisions — 2010

The Board denied the Veteran's claim for service connection for sickle cell disease, finding that his condition was a genetic disorder pre-existing to his military service and not aggravated by it.

The Board finds that the Veteran's bilateral foot disorders, including arthritis, bursitis, neuromas, displaced tibial sesamoid, and varum, varus, and valgus deformities are not related to his military service or secondary to his service-connected pes planus.

The Board has determined that the Veteran's left leg disorder was aggravated by service, and therefore grants service connection for residual symptoms from shortening of the left leg.

The Veteran's joint and back conditions are being reviewed to determine if they are related to his service-connected rheumatic fever or heart disability. The case is remanded for further examination and opinion.

The Board denied service connection for residuals of a left femur fracture and secondary service connection for nerve disabilities as secondary to residuals of a left femur fracture, finding that the pre-existing condition existed prior to service and did not worsen during service.

The Veteran's appeal is being remanded for further development, including a VA examination to determine if the left forearm motor nerve damage with loss of use was caused by carelessness or negligence on the part of VA in providing hospital care, medical or surgical treatment.

The Board has determined that the Veteran's cause of death, gastric cancer and abdominal sepsis, is not service connected due to lack of evidence showing a direct relationship with his military service or any service-connected conditions.

The Board found that the RO's May 1984 decision denying death benefits was not clearly and unmistakably erroneous. The Veteran's death was determined to be due to willful misconduct, which is a finding supported by the evidence of record at that time.

The Board has ordered a remand due to the need for further examination and opinion regarding whether the Veteran's dizziness and loss of equilibrium are related to his service-connected disabilities, specifically his residuals of shell fragment wound to the head and headaches.

The Board is remanding the case for additional development, including obtaining employment information from the Veteran's former employers and any pertinent VA or private medical records. The case will be reviewed by the Director of Compensation and Pension Service to determine if an extraschedular evaluation is warranted.

The claim has been reopened due to the submission of new evidence suggesting a possible link between the Veteran's exposure to Agent Orange and his colon cancer. The issue remains unresolved as service connection for cause of death is not established.

The Board finds that the appellant was not the service member's surviving spouse for VA purposes and denies her claim.

The Veteran's cancer of the larynx was not incurred in or aggravated by active service and is not related to his military service. The claim for service connection is denied.

The Board denied the petition to reopen service connection for a lung disorder, claiming pulmonary emphysema and shortness of breath. The claim was not reopened as new and material evidence was not submitted.

The Veteran's claim for a higher rating for his service-connected chronic right leg thrombophlebitis was denied as he failed to report for the required VA examination, and thus operation of law.

The Board has determined that new and material evidence has not been received to reopen the Veteran's previously denied claim for service connection for a pulmonary disorder, to include as secondary to asbestos exposure.

The Board has found that there are evidentiary deficiencies and inconsistencies in the Veteran's financial status, particularly regarding his income since August 2006. The case is REMANDED for further development to address these issues.

The Veteran's claim for an increased evaluation for his service-connected right thumb disability is being remanded due to the inadequacy of the March 2008 VA examination. The case will be returned to the RO/AMC after a new examination.

The Veteran's service-connected tarsal tunnel syndrome of the left and right legs is currently rated at 10 percent each, but does not meet the criteria for a higher evaluation as there is no evidence of severe incomplete paralysis or even moderate limitation of motion.

The Veteran's claim for education benefits under the Montgomery GI Bill-Selected Reserves (Chapter 1606) is remanded due to unclear eligibility based on her reenlistment status and period of obligated service.