Other conditions decisions — 2011

The Board determined that the Veteran's muscular dystrophy did not pre-exist service and was not aggravated by military service, leading to a denial of his claim for service connection.

The Veteran's claim for service connection for chronic lymphocytic leukemia, including as due to herbicide exposure in service, is denied. The evidence does not confirm the Veteran had service or other duty/visitation in Vietnam and there is no credible evidence of Agent Orange exposure during service.

The VA denied the appellant's claim for a one-time payment from the Filipino Veterans Equity Compensation Fund due to lack of service as a member of the Philippine Commonwealth Army, including recognized guerrillas, in the service of the U.S. Armed Forces during World War II.

The Veteran claims that his additional left eye disability was caused by VA treatment. The Board finds a need for further development, including obtaining medical records and scheduling an examination to determine if the Veteran's current left eye disability is related to VA treatment.

The Board has ordered the appellant to provide additional medical records and requested a new VA opinion. The case is now remanded for further development.

The Board has determined that the Veteran's chronic interstitial lung disease, which is presumed to be due to asbestos exposure during his service, contributed substantially or materially to his death. As a result, the claim for service connection for the cause of the Veteran's death is granted.

The Board has determined that additional case development is required, including locating missing documents and reviewing new evidence added to the record since the SOC was issued in January 2011. The appellant's claim of entitlement to waiver of recovery of VA death pension payments in the amount of $12,418.00 will be readjudicated.

The Veteran's death was caused by anaphylaxis reaction due to IV contrast material used in connection with an aortogram and angiogram procedure performed by VA. The Board finds that this event was not reasonably foreseeable, meeting the criteria for compensation under 38 U.S.C.A. § 1151.

The Veteran's service connection claim for paralysis of the left ocular muscle is granted. However, his claim for a higher rating for bilateral conjunctivitis remains denied.

The Board denied the claim as there was no competent evidence showing that the causes of death, cardiovascular disease and pulmonary fibrosis, were related to service. The expert medical opinion concluded that the Veteran's respiratory illness and death were not caused by or a result of his asbestos exposure during military service.

The Veteran's appeal has been dismissed due to his death. The Board does not have jurisdiction to adjudicate the merits of this claim as he is deceased.

The Veteran's claim for an extension of her delimiting date for Chapter 30 educational assistance benefits was denied as she did not file a timely request for such extension and the delimiting date is correctly calculated at April 10, 2007.

The appeal concerning whether the Veteran's countable income exceeds the annual limit for receipt of nonservice-connected pension benefits has been withdrawn, and thus the issue is dismissed.

The Veteran's residuals of a left varicocele with chronic testicular pain have been rated as 10 percent disabling. The Board has determined that the disability most nearly approximates a 20 percent rating under Diagnostic Code 7120 for varicose veins, based on prominent veins and functional effects such as interference at work.

The Board found that the Veteran's Myasthenia Gravis did not have its onset during service and is not otherwise etiologically related to service. As a result, the claim for service connection was denied.

The Board has determined that the Veteran does not meet the criteria for a payment rate in excess of 60 percent for educational assistance under Chapter 33 (Post-9/11 GI Bill), Title 38 of the United States Code due to less than 18 months of qualifying service.

The Veteran's service-connected gout of the hands and feet may have worsened since his last examination in December 2009, necessitating a new VA examination to determine its current severity.

The Veteran's amputation of the terminal phalanx of the left fourth finger is manifested by scarring, pain, and some loss of sensation. The Board has determined that a 10 percent rating is warranted for this condition.

The Veteran's appeal is being remanded for additional development to determine the severity of his service-connected laryngeal hypersensitivity and any related pulmonary impairment.

The Veteran's appeal for an increased rating for his left fourth metacarpal fracture is denied as the evidence does not support a higher rating based on current symptoms and examination findings.