Other conditions decisions — 2010

The Board has determined that the Veteran's cause of death was related to his in-service herbicide exposure, specifically Agent Orange. The medical evidence is at least in equipoise as to whether the presumed herbicide exposure had a contributory effect on the cause of the Veteran's death from esophageal carcinoma.

The Veteran's tongue cancer was not incurred in or aggravated by active service, and may not be presumed to have been incurred in service due to herbicide exposure. The claim is denied.

The Board found the appellant's discharge under other than honorable conditions due to willful and persistent misconduct. New evidence suggests he may have been insane at the time of his offenses, raising a possibility that his character of discharge is not a bar to VA benefits.

The Veteran's appeal has been dismissed as the appellant, through his authorized representative, has withdrawn it.

The Board found that the Veteran's current neurological disorders in his upper and lower extremities are not related to cold exposure during service, and thus denied his claim for service connection.

The Veteran's appeal is being remanded due to the need for additional medical records and full compliance with VA's duty to assist.

The Veteran's service connection for compensation purposes is granted for the loss of teeth numbered 18 and 19 due to cracked tooth syndrome. However, he does not meet the criteria for service-connected outpatient dental treatment.

The VA determined that the Veteran's onychomycosis does not warrant a compensable evaluation as it affects less than 5% of his entire body or exposed areas, and no systemic therapy is required.

The Veteran's service-connected disabilities (varicose veins and pulmonary emboli) are considered to be sufficient for a TDIU rating, but the VA medical opinion concluded that they alone do not preclude him from obtaining or maintaining substantially gainful employment. Additional development is required.

The Veteran's service-connected hallux valgus of the left foot and residuals of a fracture, distal phalanx, left great toe are rated at 10 percent each. The appeal for service connection for a neck disability and TDIU is granted.

The Veteran's appeal is being remanded due to his request for a personal hearing before the Board. The case will be returned to the Board after the scheduled hearing.

The Board has reopened the Veteran's claim for service connection for a perforated left eardrum and determined that there is sufficient evidence to establish that this condition is related to an incident of service, granting service connection for residuals of a perforated left tympanic membrane.

The Veteran's claim for an increased evaluation for residuals of laryngeal cancer is denied as the evidence does not support a rating in excess of 30 percent.

The Veteran's service connection claim for Lyme disease was denied as there is no evidence of a current diagnosis or a link between his military service and the condition.

The Board denied the appellant's claim for death pension benefits as the Veteran did not have a period of honorable active service during a recognized period of war, including service in Vietnam.

The Board found that the Veteran's basal cell carcinoma was not incurred in or aggravated by active service, nor may it be presumed to have been caused by exposure to herbicides. The VA examiner concluded that the current skin condition is less likely as not related to possible Agent Orange exposure while serving in Vietnam and less likely as not related to in-service sun exposure.

The Board denied the claim of service connection for the cause of the Veteran's death, finding that there was no evidence to support a causal relationship between his malignant brain tumor and his military service or exposure to Agent Orange. The Veteran's only service-connected disability was hearing loss, which is not shown to have caused or contributed to his death.

The Veteran's eye disorder is not service-connected, and his hearing loss disability does not warrant an initial compensable rating.

The Veteran's appeal is remanded due to the need for a VA examination to clarify whether her lichen simplex chronicus covers at least 20 percent of her entire body surface and if she requires systemic therapy such as corticosteroids or other immunosuppressive drugs for at least six weeks during a twelve-month period.

The Board has determined that the appellant's HIV and substance abuse are not service-connected as they resulted from his own willful misconduct.