Other conditions decisions — 2012

The Board found that the Veteran's blood disorder, including leukocytosis and polycythemia, is not service-connected due to lack of evidence linking it to his military service. The claim was denied as there was no credible evidence supporting a connection between the Veteran's current condition and exposure to herbicides or other chemicals during service.

The Veteran's appeal is remanded for further development, including scheduling a VA examination and obtaining additional medical records. The issue of an increased evaluation for his service-connected duodenal ulcer remains on appeal.

The Board finds that the Veteran's left eye disability was not incurred in or aggravated by active service and is denied.

The Veteran's service connection for diverticulitis and colitis has been granted, and he is currently rated at 10% for his residuals of malignant melanoma. The initial disability rating for the melanoma remains at 10%.

The Board has granted a 10% rating for the Veteran's service-connected right bunion with right great toe injury residuals effective January 12, 2012. The earlier effective date claim is denied as it does not meet the criteria established by law.

The Veteran's right knee disability has been manifested by pain, stiffness, crepitus, grinding, an antalgic gait; occasional edema, fatigue, weakness, lack of endurance, swelling and feeling of giving way; flexion limited to no more than 40 degrees, and limitation of extension to no more than 5 degrees. The criteria for an initial rating in excess of 20 percent have not been met.

The Veteran's appeal is being remanded for additional development at the RO level. The case will be handled by a Veterans Law Judge at the RO.

The Board has decided to remand the case for further examination and opinion regarding the Veteran's skin condition, which he claims is related to his service in Vietnam. The examiner will need to determine if the current skin condition had onset during active service or is caused by exposure to Agent Orange.

The Veteran does not have a chronic left arm disability and the Board finds that this condition was not incurred or aggravated due to active duty service.

The Veteran's appeal is being remanded for further development, including obtaining additional VA treatment records and scheduling the Veteran for a VA orthopedic examination to determine if his bilateral hip disorders are related to military service or his service-connected disabilities.

The Board has determined that the Veteran's current left leg conditions, including drop foot and arthritis, are at least as likely as not related to his in-service fracture. As such, service connection for residuals of a left leg fracture is granted.

The Board found that the Veteran's cause of death, malignant mesothelioma, was not caused by a service-connected disability and denied the claim for service connection for the cause of the Veteran's death.

The Veteran's appeals for increased ratings for his left atrial enlargement with left anterior fascicular block and status post cerebrovascular accident (CVA) have been dismissed due to the Veteran withdrawing his appeal.

The Board denied the appellant's claim of being recognized as the Veteran's surviving spouse for VA death benefits purposes due to a lack of legal marriage, common law marriage, or deemed valid marriage. The appellant and the Veteran were legally divorced in 2004, and there is no evidence that they held themselves out as husband and wife after their divorce.

The Board has determined that the appellant does not have qualifying service as a member of the Philippine Commonwealth Army, including in recognized guerrillas, to establish eligibility for benefits under the Filipino Veterans Equity Compensation Fund.

The Veteran's service is found to be insufficient to qualify for the one-time payment from the Filipino Veterans Equity Compensation Fund, and thus the claim is denied.

The Board has remanded the case for further action, including scheduling a video conference hearing at the RO before a Veterans Law Judge.

The Veteran's claim for service connection for malaria was denied in a July 2005 rating decision. The appellant's claim for accrued benefits, including entitlement to the cause of the Veteran's death and accrued benefits, was received after one year from his death and is therefore not timely filed.

The Veteran's claim for service connection for Wilson's disease was denied as there is no competent evidence to support the existence of this condition.

The Veteran's SLE was not present during active duty and is not presumed to have been incurred in service. The left knee disability has been rated as 10 percent disabling.