Other conditions decisions — 2012

The Board has dismissed the appeal due to the death of the appellant, and thus no jurisdiction remains for adjudicating the merits of this claim.

The Board found that the Veteran's Crohn's disease was not incurred in or aggravated by active service, and denied his claim.

The Veteran's PVD of both right and left lower extremities is found to be caused by his service-connected diabetes and hypertension, thus granting service connection on a secondary basis.

The Veteran's cause of death, gastric carcinoma, did not begin in service or within one year after separation. There is no evidence linking the condition to his service-connected pulmonary tuberculosis.

The Veteran's heart arrhythmias, including palpitations and tachycardia, are considered service-connected due to their onset during active duty.,The claim for right hip disorder is dismissed as the Veteran did not file a Notice of Disagreement or Substantive Appeal regarding this issue.

The Board determined that the award of compensation benefits under 38 U.S.C.A. § 1151 for a right calf eschar/pressure sore was clearly and unmistakably erroneous due to lack of causation.

The Board found that the Veteran's service-connected residuals of mallet fracture of the right (major) ring finger did not warrant an extraschedular evaluation, and thus denied his claim for such a rating.

The Board found that the Veteran's narcolepsy was not incurred or aggravated by his active service, and denied the claim as there is no clear and unmistakable evidence to rebut the presumption of soundness at entry into service.

The Board has remanded the case for further development and adjudication of three intertwined matters: a rating for postoperative right elbow bone spur, service connection (and a separate compensable rating) for neurological disability of the right arm, and the rating for residuals of a right arm shell fragment wound. The RO is instructed to provide VCAA notice, arrange for any necessary development, and then adjudicate these claims before readjudicating the matter of the rating for postoperative right elbow bone spur.

The Board has decided in favor of the Veteran, granting service connection for a respiratory disorder due to asbestos exposure during active service.

The Veteran's claim for service connection for dizziness and light headedness due to Gulf War undiagnosed illness is being remanded as the VA has not provided a medical opinion regarding his symptoms. The Veteran should be scheduled for a Persian Gulf War Syndrome examination.

The Board has determined that the Veteran's claims of service connection for leg length discrepancy and degenerative joint disease of the hip and spine as secondary to her right foot disability have not been reopened due to lack of new and material evidence.

The Veteran's cervical spine disorder and upper back disorder are not service-connected as there is no evidence of a chronic condition during active service or continuity of symptoms since separation.

The Board has remanded the case due to insufficient evidence regarding the Veteran's service in Vietnam and his exposure to Agent Orange. The claims for service connection will be reconsidered based on the new information.

The Board has requested an advisory medical opinion and the case is being returned to the RO for further review. The Veteran needs to provide additional evidence, including treatment records from Dr. W.G. and Dr. R.B.

The Board finds that the Veteran does not have a current disability of lymphedema or anemia that is related to his service-connected malignant growths of the genitourinary system. The VA examiner opined that the Veteran's lymphedema and anemia were more likely caused by nutritional deficiency.

The Veteran's appeal for a higher monthly payment of VA educational assistance benefits for apprenticeship training pursued as of January 1, 2008 was denied because the basic monthly rates were restored to $385.35, which is in line with the law.

The Veteran's appeal is remanded for further development, including obtaining medical records and scheduling a VA examination to assess the severity of his service-connected right leg varicose veins.

The Board has determined that the Veteran's service-connected PTSD contributed substantially to his death due to cancer of the larynx, which was caused by his use of tobacco products.

The appeal is being remanded to the RO for consideration of additional evidence and a video-conference hearing.