Other conditions decisions — 2011

The Veteran seeks service connection for a right hand disorder, which he contends developed as the result of an in-service right hand fracture. The Board finds that a VA examination is needed to determine whether his current right hand disorder is related to his military service.

The Veteran's claim for NSC pension benefits was previously denied multiple times. A new claim was received on April 28, 2006, but the August 2004 claim was considered abandoned due to failure to provide requested information within one year. Therefore, the effective date is set at the date of receipt of the April 28, 2006 claim.

The Board has determined that the Veteran's Hodgkin's lymphoma is not service-connected as it did not manifest during or within one year after his separation from active duty, and there is no evidence of a nexus between his current condition and any event in service. The Veteran's PTSD claim was withdrawn prior to decision.

The Veteran's claims for service connection and initial evaluations for acid reflux, polyps of the colon, polyps of the gallbladder, and healed granulomatous disease of the lungs have been granted. The Veteran is assigned a 10% evaluation for his acid reflux as of June 13, 2011.

The Board has denied the Veteran's claims for service connection for left leg paresis and an initial compensable rating for residuals of a gunshot wound to the left foot due to lack of competent evidence showing current disability.

The Board has granted service connection for digital papillary adenocarcinoma of the left middle finger, finding that it is attributable to the Veteran's service-connected epithelial-myoepithelial carcinoma. The rating reduction decision was improper and the original 100% rating is restored.

The Board found that the Veteran's current bilateral hearing loss was not incurred or aggravated by service and denied his claim for service connection.

The Board found no evidence of negligence or fault on the part of VA in providing care, and thus denied compensation benefits under 38 U.S.C.A. § 1151 for left arm impairment and abdominal wound.

The Veteran's left eye disabilities are not considered to be caused by VA carelessness, negligence, or lack of proper skill during the August 2004 cataract surgery at Bay Pines VAMC. The Board finds that there is no evidence supporting a finding of additional disability due to such care.

The Board has determined that the Veteran's service-connected narcolepsy with cataplexy warrants a 100 percent disability rating, as it is characterized by at least one major episode of cataplexic attacks and narcolepsy occurring monthly.

The Veteran's claim for service connection for residuals of a pulmonary endarterectomy due to recurrent pulmonary emboli is being remanded as there are inconsistencies in the medical records regarding his active duty status and exposure to toxic gases. The Board needs to confirm if he was on active duty for training in 2002, obtain any available medical records from that period, and request a VA physician's opinion on whether gas exposure or oxygen deprivation caused his pulmonary emboli.

The Board has remanded the case for further development, including obtaining medical records and scheduling a VA examination to determine the nature and etiology of any foot disorders.

The Board has determined that the appellant does not have qualifying service to be eligible for a one-time payment from the Filipino Veterans Equity Compensation Fund.

The Board denied the Veteran's claim for a one-time payment from the Filipino Veterans Equity Compensation Fund due to forfeiture of all rights, claims, and benefits under VA law based on fraud.

The Board denied the appellant's claim for legal entitlement to Filipino Veterans Equity Compensation (FVEC) Fund due to a lack of qualified service, as determined by the National Personnel Records Center.

The Board has remanded the case for scheduling a Travel Board hearing at the earliest available opportunity.

The Board found that the Veteran's ulcerative colitis did not have onset during service, was not linked to his active service, and therefore denied his claim for service connection.

The Veteran's schizoaffective disorder is rated at 30 percent, but the Board found that his symptoms warrant a higher rating due to their severity and impact on daily functioning.

The Veteran's residuals of steam burns to the ears, face, and neck are manifested by a two centimeter by one half centimeter linear scar on the left side of the neck which is not unstable or painful, is not shown to be more than slightly disfiguring, and does not cause any functional limitation or include any characteristics of disfigurement. Therefore, he is not entitled to a compensable disability rating.

The Board has ordered further development due to the need for clarification of facts and evidence regarding the Veteran's cataract surgery, including a telephone conversation with a pharmacist. The case is being remanded for additional medical opinions and evidentiary development.