Other conditions decisions — 2012

The Board has ordered a remand to obtain an addendum VA opinion regarding the etiology of the Veteran's esophageal cancer and its relationship to service, including exposure to herbicides. The case will be returned for further review.

The Board has remanded the case for further action due to a hearing officer's retirement and the Appellant's request for another hearing. The claim is now pending again.

The Veteran's service connection for a lung granuloma and right sacroiliitis has been granted. The lung granuloma is presumed to have developed due to asbestos exposure during active duty, while the right sacroiliitis was found to be related to his military service.

The Board found that the Veteran's current eye conditions are not related to his service, and thus denied his claims for service connection.

The Veteran's death was caused by hemorrhagic shock and a massive gastrointestinal bleed, both related to his alcoholism. The service-connected conditions did not cause or contribute substantially to the Veteran's death. Therefore, the claim for service connection for the cause of death is denied.

The Board has remanded the case for further development, including obtaining Social Security Administration records and VA treatment records. The Veteran's claims for increase and a total disability rating based on individual unemployability are also being addressed.

The Veteran's temporomandibular joint dysfunction is manifested by locking and clicking, pain with prolonged talking, and inter-incisal range of motion of no less than 36 centimeters. The Board finds that the disability does not more nearly approximate the criteria for a rating in excess of 10 percent.

The Board has remanded the case for additional development, including a VA examination to assess the severity of the Veteran's service-connected valvular regurgitation with PVCs and determine if there have been any changes in his condition since October 16, 2000.

The Veteran's fatal lung cancer is considered to be related to his active service, specifically his exposure to asbestos. As such, the claim for service connection for the cause of the Veteran's death has been granted.

The Veteran's death was not caused by his service-connected GAD with dysthymia, and the VA physician concluded that it is less likely than not that the service-connected condition aggravated or caused the fatal heart disease.

The Veteran's claim for service connection for periodontitis, claimed as a dental/oral condition, secondary to his service-connected diabetes mellitus is denied. The Board found that the Veteran does not have a compensable disability for which he can receive VA compensation or outpatient treatment.

The Veteran claims he lost vision in his right eye due to VA surgeries conducted in November 2003. The Board finds that a remand is necessary to obtain medical records and conduct an examination to determine if the loss of vision was caused by VA carelessness, negligence or fault.

The Board finds that the Veteran's HIV exposure likely occurred during service, and thus grants service connection for HIV.

The Board found that the Veteran was not a fugitive felon during the period from February 23 to March 2, 2006 and thus his VA disability compensation benefits should be reinstated for this time frame.

The Veteran's service did not occur during a period of war, thus he does not meet the basic eligibility requirements for nonservice-connected disability pension benefits.

The Board denied the appellant's claim for a one-time payment from the FVEC Fund due to lack of qualifying service, as determined by the National Personnel Records Center (NPRC).

The Board denied the appellant's claim for a one-time payment from the Filipino Veterans Equity Compensation Fund due to lack of service in the United States Armed Forces, as certified by the service department.

The Veteran's appeal is denied as he is not eligible for treatment in VA's healthcare system without a copayment requirement for the period from January 5, 2006, through January 4, 2007.

The Board found that the Veteran's current chronic obstructive pulmonary disease (COPD) is not related to episodes of acute bronchitis during active military service.

The Board found that the Veteran's right great toe disability did not meet or approximate the criteria for a higher evaluation in excess of 10 percent.