Other conditions decisions — 2011

The Board has remanded the case for additional development due to new evidence submitted by the Veteran, including a medical record from his military service and lay statements. The VA examiner will be asked to provide an updated opinion on whether the thoracic spine disorder is related to service.

The Veteran's shell fragment wounds have resulted in significant functional impairment, including pain and weakness. The Board has determined that a rating of 30 percent for the left thigh is warranted.

The Veteran's claim for service connection for chronic ear infections (diagnosed as otitis externa) was denied because the evidence did not support a finding of a qualifying chronic disability due to undiagnosed illness or other chronic disability, and there were no objective indications of an ear infection during his military service.

The Board has determined that the appellant's complete left deltoid atrophy was not incurred in or aggravated by active service. The evidence shows the disability is related to a motor vehicle accident on March 11, 1989, but the appellant was not on duty status at the time of the accident.

The Veteran seeks service connection for residuals of a cold weather injury. The case is remanded to determine if the Veteran has any currently diagnosed residuals of a cold weather injury related to military service, specifically his bilateral claudication.

The Board found that the appellant did not qualify for VA death benefits as she was not married to the Veteran for at least one year prior to his death.

The Board found that the Veteran's current foot numbness and tingling are likely due to a cold injury he sustained during service, resolving all reasonable doubt in his favor.

The Veteran's appeal is being remanded due to the need for additional service personnel records and further development of his claim.

The Veteran's service-connected right foot status post-bunionectomy is rated at 10 percent, the maximum available under Diagnostic Code 5280. The Board finds that a higher rating is not warranted as there are no additional symptoms or factors present to warrant an increased evaluation.

The Board has remanded the case for a videoconference hearing due to the appellant's requests. The appeal is not about service connection at all, so no specific decision on service connection can be made.

The Veteran's cause of death was respiratory failure, which is not service-connected due to lack of evidence linking it to his presumed herbicide exposure or any other injury during service.

The Veteran has a bunion of his left great toe that is as likely as not related to his active duty service. The Board finds it at least as likely as not that the current bunion condition is due to in-service complaints and treatment for foot pain.

The Veteran's claims for compensation under 38 U.S.C. § 1151 for peripheral vascular disease in both lower extremities have been dismissed due to the death of the Veteran.

The Veteran's appeal is being remanded to the RO for further action regarding effective dates for his permanent and total disability determination, which is tied to his eligibility for Dependent's Educational Assistance under Chapter 35 of Title 38, United States Code.

The Veteran's claim for service connection for residuals of colon cancer, to include as due to Agent Orange exposure or secondary to a service-connected gastrointestinal disorder with possible duodenal ulcer is being remanded for further development.

The Board found that the Veteran's loss of sense of taste and anosmia were proximately due to or resulted from his service-connected vocal cord squamous cell carcinoma, which was treated with radiation therapy.

The Board found that the Veteran's left thumb disability was not incurred in or aggravated by service and denied his claim.

The Board has determined that the Veteran's current schizoaffective disorder is either caused or aggravated by his active service, and thus grants service connection for this disability.

The Board denied the veteran's claim for a one-time payment from the Filipino Veterans Equity Compensation Fund due to lack of service in the U.S. Armed Forces.

The Board is remanding the case to obtain a properly informed medical opinion from a VA physician regarding whether a disability of service origin was a primary or contributory cause of death. The Veteran's death certificate indicates that he died due to diabetes, coronary artery disease, and cerebrovascular accident.