Other conditions decisions — 2011

The Board found no competent or credible evidence linking the Veteran's current cold injury residuals to his military service, and therefore denied his claim for service connection.

The Board has determined that a VA examination is needed to determine the current nature and severity of the Veteran's right foot disorder, as well as whether it is related to his military service. The Veteran's claim will be remanded for this purpose.

The Veteran's fracture, second, third, and fourth metatarsals, right foot, is productive of disability analogous to loss of use of the right foot, with no effective function other than that which would be equally served by an amputation stump. The criteria for a 40 percent disability rating have been met.

The Veteran died of mesothelioma, a disease commonly associated with asbestos exposure. The Board finds that the Veteran was likely exposed to asbestos during his naval service and grants service connection for cause of death.

The Board finds that the Appellant does not legally qualify for a one-time payment from the FVEC fund due to her spouse's death prior to the enactment of the American Recovery and Reinvestment Act, and thus she is not eligible to receive payment on his behalf.

The Board has remanded the case to the RO for further development and readjudication, including obtaining a medical opinion regarding the relationship between the Veteran's service-connected condition and his death. The DIC claim based on 38 U.S.C.A. § 1318 is also addressed.

The Veteran's appeal is remanded for additional development, including obtaining VA treatment records from the 1960s and 1970s. A VA examiner will be asked to provide an opinion on whether his current feet disorders are aggravated by his service-connected dermatophytosis of the feet.

The Veteran's service-connected residuals of a fractured left femur with shortening of the leg are currently rated as 10 percent disabling, effective June 29, 2006. For the period prior to November 17, 2010, his disability is manifested by slight disability and does not warrant a higher rating under DC 5255.

The Board found that the Veteran's skin condition is not related to his military service or his service-connected residuals of cold weather injury and frostbite.

The Board has remanded the case for further development due to issues regarding the appellant's service-connected psychoneurosis and gastrointestinal disturbance, including consideration of other diagnosed gastrointestinal conditions.

The Board found that the Veteran's dizziness is not related to service and denied his claim for service connection.

The Board has granted a rating of 30 percent for the service-connected postoperative residuals of right (minor) biceps tendon repair with degenerative joint disease, which is the maximum schedular evaluation available. The Veteran's claim for an extraschedular rating was granted.

The Board has determined that the Veteran's claim to reopen his service connection for a skin condition of the feet cannot be granted as there is no new and material evidence presented, and thus the claim remains denied.

The Veteran's appeal is being remanded for further development, including clarification of the Under Secretary's January 2011 opinion regarding ionizing radiation exposure and tobacco use during service.

The Veteran's death was not due to a service-connected disability, including as a result of his presumed exposure to Agent Orange in Vietnam.

The Veteran's claim for an increased rating for Raynaud's syndrome was denied as the disability did not meet the criteria for a higher evaluation.

The Veteran's service is not considered a qualifying period for VA death pension benefits, as he did not serve during a period of war. The appeal is denied.

The Board has determined that the appellant's discharge from service was under other than honorable conditions, which acts as a bar to VA benefits. The appeal is denied.

The Veteran's rectourethral fistula and postoperative colostomy were not caused by VA carelessness, negligence, or similar instance of fault during the September 1997 radical prostatectomy for adenocarcinoma of the prostate. The event was reasonably foreseeable.

The Veteran's death was caused by sepsis due to staphylococcus infection, and the RO has already granted service connection for the cause of death. As a result, the appellant's claim for DIC benefits under 38 U.S.C.A. § 1318 is dismissed as moot.