Other conditions decisions — 2011

The Veteran's claim for service connection for a skin disease was denied as there is no current evidence of the condition. The Board finds that the preponderance of the evidence is against her claim.

The Veteran's cause of death was healthcare acquired pneumonia due to end-stage dementia. The VA physician reviewed the claims file and concluded that his service-connected PTSD medication did not contribute to his death.

The Board finds that the Veteran's chronic intermittent bilateral forearm swelling, which first manifested during his active service, is service-connected.

The Board has ordered another remand due to procedural issues, including the need for accreditation of the appellant's representative and obtaining additional medical records. The appeal is currently in a state where further development is required before a final decision can be made.

The Board found that the appellant's income exceeded the maximum annual pension rate for death pension benefits, thus denying her entitlement to nonservice-connected death pension benefits.

The Veteran's claim for service connection for a right lung disorder, including as the residual of pneumonia, is being remanded due to incomplete records and further development is required.

The Board found that the evidence was at least in equipoise as to whether the Veteran's dental disability of teeth numbers 2, 4, 5, 6, 7, 11, 12, and 28 was caused or aggravated during his period of military service and manifested after 180 days of active duty. As a result, the criteria for service connection were met.

The Board found that the Veteran's back disability was not caused by VA medical care, and thus denied his claim under 38 U.S.C. § 1151.

The Board has determined that the appellant is a veteran for the purpose of establishing entitlement to one-time payment from the Filipino Veterans Equity Compensation Fund, based on evidence showing his service with recognized guerrilla units in the U.S. Army during World War II.

The Veteran withdrew their appeal before the Board could make a decision.

The Veteran's service treatment records do not show any complaints, treatment, or diagnosis of flatfeet during his military service. There is no current diagnosis of flatfeet in the medical evidence. The Board finds that the Veteran does not have a current disability related to service and therefore cannot establish service connection for flatfeet.

The Board found no evidence of a diagnosed condition related to the in-service extraction of all upper teeth, and thus denied service connection for residuals of a dislocated jaw. The claim for compensation for tooth extraction was also denied as there is no chronic disability present.

The appeal has been dismissed as the Appellant withdrew her appeal in July 2011.

The Veteran seeks service connection for bilateral tarsal tunnel syndrome. The Board has determined that an additional medical opinion is needed to determine the etiology of the Veteran's current bilateral foot disorder and whether it is related to service or a service-connected disability.

The Board has remanded the case for additional development, including obtaining complete outpatient records and scheduling an examination to determine if the Veteran's respiratory disorder and skin disorder are related to his presumed Agent Orange exposure.

The Board has determined that the Veteran's myelodysplastic syndrome is related to herbicide exposure during service, including Agent Orange and benzene. As a result, the claim for service connection is granted.

The Veteran's hiatal hernia and intermittent diarrhea are currently rated at 10 percent, which is the maximum rating available under Diagnostic Code 7346.

The Board has determined that the appellant demonstrated bad faith in connection with the creation of the DIC overpayment, and therefore precluded consideration of a waiver. The appeal is denied.

The Veteran's appeal is remanded for additional development to determine the appropriate evaluation of his service-connected dermatographic urticaria since 1995, including consideration of both pre-2002 and post-2002 rating criteria.

The VA determined that the Veteran's bilateral aphakia due to postoperative cataracts does not warrant an evaluation in excess of 30 percent.