Other conditions decisions — 2010

The Veteran's service did not meet the threshold eligibility requirements for nonservice-connected pension benefits due to a lack of qualifying wartime military service.

The Veteran had no claims for VA benefits pending at the time of his death. The Board finds there was no pending claim or appeal from a VA decision of record at the time of the Veteran's death, and therefore denies the appellant's claim for accrued benefits.

The Veteran's claims for service connection for residuals of cold injuries to the hands and feet are denied as there is no medical evidence showing such conditions were incurred or aggravated by military service.

The Veteran's cholecystitis is not shown to be related to his service-connected ulcer of the duodenum, and his disability manifested by dizziness is not established as secondary to any service-connected condition. The case is being remanded for further examination.

The Veteran's claim of CUE in the Board's September 2007 decision is dismissed without prejudice to refiling.

The Veteran's appeal for a higher rating for ulcerative colitis has been dismissed due to the death of the appellant.

The Veteran's claim for an earlier effective date for service connection of carcinoma of the lung associated with herbicide exposure was dismissed due to his death.

The Veteran's private medical expenses for treatment at NorthBay from December 2, 2006 to December 4, 2006 are eligible for payment or reimbursement as the services were provided in an emergency department and VA facilities were not feasibly available.

The Board has determined that the Veteran's current right ankle disorder is not related to his active military service and thus denied his claim for service connection.

The Veteran does not have qualifying active military service for the purpose of obtaining the one-time payment from the Filipino Veterans Equity Compensation Fund.

The Board found that the severance of service connection for the appellant's residuals of a left elbow injury and a left forearm disorder was improper due to the lack of clear and unmistakable error in the November 2001 rating decision.

The Veteran's claim of service connection for myositis of the left scapula is being remanded due to conflicting medical evidence and a need for further examination.

The Board has determined that the Veteran's current palpitations are related to his period of active duty service, and thus grants service connection for this condition.

The Board found that new evidence submitted by the Veteran does not relate to an unestablished fact necessary to substantiate his claim of service connection for periodontal disease, and thus did not reopen the previously denied claim.

The Veteran's claims for service connection for cutaneous T-cell lymphoma, chronic obstructive pulmonary disease (COPD), and residuals of a lesion on the right shoulder were denied. The Board found that there was no evidence linking these conditions to mustard gas or DDT exposure in service.

The Board has remanded the case for further development, including obtaining service treatment records and private medical records. The Veteran's claim will be reconsidered based on the additional evidence.

The Board denied the Veteran's claims for service connection for exogenous obesity and type 2 diabetes mellitus, finding that there was no evidence of a disease or injury in service, nor any indication that the conditions were caused by a service-connected disability.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records from December 2007 to the present and requesting copies of any private medical provider records.

The Board found that the appellant's discharge from military service was due to willful and persistent misconduct, which constitutes a bar to VA benefits.

The Veteran's esophagitis, status post fundoplication, has been manifested by epigastric distress, dysphagia, pyrosis, regurgitation, and substernal pain. However, these symptoms have not resulted in considerable impairment of health warranting a higher disability evaluation.