Other conditions decisions — 2012

The Board has granted the Veteran's claim of entitlement to service connection for a malignant neoplasm of the hypopharynx, finding that his exposure to Agent Orange in Vietnam played a significant etiological role in his development of this condition. The benefit-of-the-doubt doctrine was applied due to the evidence being in equipoise.

The Veteran withdrew his appeal regarding the issue of whether the counting of income on his nonservice-connected pension award is correct.

The Veteran's service-connected old cellulitis with infection of the sole of the left foot did not result in any symptoms during the appeal period, and therefore, he is not entitled to an increased rating.

The Board has determined that the effective date of the pension benefits should be earlier than May 19, 2011. However, to establish this, there needs to be evidence showing that the appellant's formal claim for special monthly pension based on need for aid and attendance was received by VA on March 31, 2011.

The Board finds that the Veteran's cause of death, gallstone pancreatitis, was not related to service-connected conditions. The evidence does not support a finding that any service-connected condition contributed substantially or materially to his death.

The Veteran's claim for TDIU is being remanded due to the need for another VA examination and consideration of his employment potential.

The Veteran does not have a current disability for VA compensation purposes, and the Board finds no evidence to support service connection for bilateral leg cramps.

The Board has decided that the Veteran's claim for service connection for colitis or Crohn's disease, including as secondary to his service-connected bipolar disorder, is remanded due to conflicting medical opinions and inconsistencies in the Veteran's self-reported history.

The Veteran's pulmonary function testing showed a FEV-1 of no worse than 74 percent of predicted, an FEV-1/FVC of no worse than 91 percent of predicted, and a DLCO (SB) of no worse than 67 percent of predicted; the Veteran has no more than a mild restrictive disability. As these criteria have not been met, his claim for an increased evaluation is denied.

The Veteran withdrew his appeal for the issue of entitlement to payment or reimbursement for medical treatment provided on April 8, 2011.

The Board has decided to remand the case for further action due to a hearing officer's retirement and the Appellant's request for another hearing.

The Veteran does not have refractive error or hyperopia that is related to his military service.

The Board has determined that the Veteran's service-connected dental disability does not meet or approximate the criteria for a compensable rating, and thus denied his claim.

The Board denied the Veteran's claim for an increased evaluation for his right shoulder disability, finding that it did not meet the criteria for a higher rating under any applicable diagnostic codes.

The Board finds that the Veteran's respiratory disorder is related to his in-service asbestos exposure and grants service connection for this condition.

The Veteran's claim for service connection for a bilateral eye disorder is being remanded due to the need for additional development, including obtaining updated VA treatment records and scheduling an appropriate VA examination.

The Veteran's thoracic spine disability did not meet the criteria for a higher rating before September 21, 2011 and after that date. The disability was rated based on its current severity.

The Board denied the Veteran's claims for service connection for residuals of stomach cancer and skin disability, finding no evidence to support a direct link between these conditions and his military service or exposure to herbicides.

The Veteran's cause of death was due to ALS, which is now presumed service-connected under a new VA regulation effective September 23, 2008. The appellant's claim for DIC benefits as due to the establishment of service connection for the cause of the Veteran's death was granted based on this new regulation.

The Veteran's cervical spine disability has been rated at 20 percent disabling, and the evidence does not support a higher evaluation.