Other conditions decisions — 2011

The Veteran's appeal is being remanded to the RO for a Travel Board hearing. The issues of service connection and compensation under 38 U.S.C.A. § 1151 are pending.

The Board denied service connection for the Veteran's cause of death due to or as a consequence of carcinoma of the bile duct and pancreas, finding that there was no evidence linking these conditions to his in-service amebic abscess of the liver or malaria.

The Board denied service connection for a skin disorder involving the scrotum, groin, anus and buttocks. The Veteran's left knee disability was not rated higher than 10 percent. The Veteran's hemorrhoids were not assigned a compensable evaluation. The ingrown toenail of the great toe, right foot, did not meet criteria for a compensable rating.

The Veteran's claim for an increased evaluation of his service-connected residuals of fracture of the thoracic spine is being remanded due to the need for additional development, including a VA examination and obtaining relevant medical records.

The Veteran's motion to review the Board's September 2009 decision for CUE was withdrawn, and thus the motion is dismissed without prejudice.

The Veteran's appeal is being remanded for additional development, including obtaining VA and private medical records. The service connection claim for sore throat will be addressed with a new examination to determine if it is related to in-service herbicide exposure or any underlying condition.

The Board has remanded the case for further development, including obtaining additional VA treatment records and an opinion on whether the Veteran's service-connected neurocardiogenic syncope precludes substantially gainful employment.

The Board determined that the Veteran's current neck condition is not service connected, as there was no evidence of a nexus between his in-service injury and his current condition. The preponderance of the evidence did not support the claim.

The Board found that the Veteran's gout with left first metatarsophalangeal joint arthritis is currently manifested by no more than moderate foot injury, warranting a 10 percent evaluation. The appeal was granted as the current rating adequately reflects the severity of the disability.

The Veteran's service-connected left tibia/fibula fracture is manifested by malunion and associated impairment more nearly approximating moderate ankle disability, warranting a 20 percent rating.

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

The appellant has withdrawn his appeal, and the Board finds that it is dismissed.

The Veteran's squamous cell carcinoma of the right hand was not incurred in or aggravated by service, and there is no evidence to support a finding that it is related to exposure to herbicides while serving in the Republic of Vietnam. Service connection for a psychiatric disorder, to include PTSD and depression, is addressed in the REMAND portion.

The Veteran's lung disability is being remanded for further development, including a VA examination to determine the etiology of his current lung condition and whether it is related to service exposure to asbestos.

The Board has determined that further development is needed to address the validity of the overpayment and whether there was sole administrative error in its creation. The appellant must provide additional evidence regarding her circumstances surrounding her withdrawal from classes on August 16, 2005.

The Veteran's claim for a higher rating for his fractured right metatarsals was denied. The initial claim for an increased rating for chronic muscle strain of the left hip was also denied.

The Board has remanded the case due to incomplete information regarding unreimbursed medical expenses incurred by the Veteran and his spouse during the pendency of this appeal.

The Board has determined that the appellant's countable income exceeded the maximum annual pension rate for a surviving spouse, thus denying her nonservice-connected death pension benefits.

The Board denied the Veteran's petition to reopen his claim of service connection for a skin disorder of the lower extremities, finding that the new evidence submitted was not material and did not raise a reasonable possibility of substantiating the claim.

The Board has determined that the Veteran's cause of death, metastatic pancreatic cancer resulting in multisystem organ failure, is presumed to be related to his conceded in-service exposure to herbicides, including Agent Orange.