Other conditions decisions — 2012

The Veteran's claim for service connection for blurred vision is granted as a result of reopening the claim based on new and material evidence. However, his claim for service connection due to an undiagnosed illness in the Persian Gulf War remains denied.

The Veteran's service-connected onychomycosis of the right and left feet has been rated at 10 percent, effective April 30, 2007. The Board finds that a higher rating is not warranted as there is no evidence of involvement of more than 5% of the entire body or exposed areas affected.

The Veteran seeks an effective date prior to July 10, 2006, for the grant of special monthly pension benefits based on the need for aid and attendance. The RO has denied this claim as there is no evidence or request for such benefits prior to July 10, 2006.

The Board has determined that the Veteran's current deep vein thrombosis is not related to his active service, and thus denied his claim for service connection.

The Veteran's appeal is being remanded due to the need for additional private treatment records related to his larynx cancer and its residuals.

The Veteran's squamous cell carcinoma of the right piriform sinus with massive right neck adenopathy and/or squamous cell carcinoma of the right base of the tongue, bilateral hearing loss, and tinnitus are not presumed to be related to his service or herbicide exposure. The claim for a rating in excess of 70 percent for PTSD was withdrawn by the Veteran.

The Board has determined that the appellant is not a surviving spouse for the purposes of eligibility to VA death benefits due to a lack of continuous cohabitation from the time of marriage until the Veteran's death.

The Veteran's claim is being remanded for further examination and development due to the need for additional service treatment records, a VA examination, and consideration of his lay testimony regarding the onset of hiatal hernia symptoms.

The Veteran's appeal is being remanded to the RO for additional development, including scheduling a VA examination and obtaining medical records. The Veteran seeks an increased disability rating for his service-connected right knee disability.

The Board denied the claim for a one-time payment from the Filipino Veterans Equity Compensation Fund due to lack of entitlement under the law, as the appellant did not have qualifying service in the Philippine Commonwealth Army.

The Veteran's claim for service connection for colon cancer, which he contends is related to in-service radiation exposure, has been remanded due to the need for a dose estimate from the Department of Defense and further consideration by the Under Secretary for Benefits.

The Board has decided to remand the case due to issues related to the validity of an overpayment and the request for a waiver. The Veteran needs to provide updated financial information, complete a Financial Status Report (FSR), and possibly undergo a paid and due audit.

The Board finds that the Veteran's in-service radiation exposure was higher than previously documented, and this increased exposure is considered to be a substantial factor contributing to his death from colon cancer. The cause of death is therefore service-connected.

The Veteran's appeal is being remanded to obtain a new VA eye examination and additional medical records, as the current evidence does not adequately assess his current level of severity for service-connected diplopia.

The Veteran's claim for service connection for a separate disability manifested by memory loss as secondary to his service-connected PTSD has been denied. The VA examiner concluded that the Veteran's memory issues are part of his service-connected PTSD and not a separate condition.

The Board found no evidence of a chronic lymphocytic leukemia (CLL) or abnormal white blood cell count in service, and the preponderance of the evidence is against a finding that these conditions are related to service. The Veteran's claim for service connection was denied.

The VA denied the Veteran's claims for service connection for oral herpes and residuals of a right arm injury, finding that the condition preexisted service and was not aggravated by service.

The Board found that the Veteran's cold weather injury affecting his bilateral lower extremities was not observed during active duty service or for many years thereafter, and is unrelated to his military service.

The Board found that a bilateral eye disability was not incurred in or aggravated by service.

The Board denied the Veteran's claim for an increased disability rating for his stricture of the left external auditory canal, finding that the evidence did not meet the criteria for a higher rating under Diagnostic Code 7800 due to lack of visible or palpable tissue loss and characteristics of disfigurement.