Other conditions decisions — 2012

The Veteran was exposed to herbicides in service and his diagnosed multiple myeloma is presumptively related to that exposure. Tinnitus is not shown by the evidence of record at the time of the Veteran's death to be causally or etiologically related to any disease, injury, or incident in service, including herbicide exposure.

The Board has decided to remand the cause-of-death claim due to additional development being required, including obtaining a medical nexus opinion regarding whether the Veteran's PTSD contributed substantially or materially to his death from myocardial infarction.

The Veteran's claims for increased ratings for neuritis of the right and left peroneal nerves were denied as his conditions are currently rated at 20 percent, which is the maximum rating available under Diagnostic Code 8521.

The Board has decided to remand the case for additional development, including a new VA examination to assess the current severity of the Veteran's HIV-related illness and determine whether his tongue lesion represents an opportunistic infection or neoplasm.

The Board found that the Veteran did not sustain an eye injury or disease in service and that symptoms of a right eye disorder were not chronic during active service. The current right eye disorder is not related to his active service.

The Board has determined that the Veteran is entitled to a waiver of the overpayment in the amount of $167,595.78 due to his service-connected disability and the VA's failure to timely enforce the fugitive felon regulations.

The Board finds that the appellant is not legally entitled to a one-time payment from the Filipino Veterans Equity Compensation Fund due to lack of recognized service in the United States Armed Forces.

The Veteran is seeking a determination on whether an overpayment of $2,109.40 based on his receipt of additional compensation benefits for a dependent stepchild, JAV, was validly created due to VA administrative error or error in judgment.

The Board has granted service connection for myelodysplastic syndrome with anemia for purposes of accrued benefits and determined that the Veteran's death was caused by his herbicide exposure during service.

The Veteran's currently diagnosed onychomycosis (nail fungus of the feet) first manifested during active service, and the Board has granted service connection for this condition.

The Veteran's adjustment disorder with mixed mood resulted in occupational and social impairment with reduced reliability and productivity, warranting a 50 percent disability rating from September 1, 2009 to February 3, 2011. The appeal for an increased rating was denied.

The Veteran's right hip disability, including avascular necrosis of the femoral head, is not considered to be related to his service-connected lumbar spine degenerative disc disease or bilateral leg weakness and radiating pain. The Board finds that the current right hip disability is a result of natural progression.

The Veteran's countable income exceeds the applicable maximum annual pension rates (MAPRs) for non-service-connected pension and special monthly pension benefits by reason of need of regular aid and attendance, resulting in a denial of his claim.

The Board has remanded the case for additional development due to lack of substantial compliance with prior remand directives and the submission of new medical evidence.

The Veteran's claim for service connection for syphilis and gonorrhea was denied as there is no evidence of current disabilities or chronic residuals from these conditions.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and conducting a new VA examination to assess the severity of his service-connected atrial fibrillation and its impact on his ability to work.

The Board has determined that the Veteran's current skin disabilities, including basal cell carcinoma and actinic keratosis, are as likely as not related to sun exposure during his period of active duty service.

The Veteran seeks an evaluation in excess of 10 percent for genital herpes from August 30, 2002. The case is being remanded to obtain additional VA examination and development.

The Board has reopened the claim of service connection for the cause of the Veteran's death due to new and material evidence submitted since the last final denial in June 2002. The issue is now remanded for further development, including obtaining an opinion from a medical professional regarding whether exposure to Agent Orange may have contributed to the Veteran's cause of death.

The Veteran's appeal has been dismissed due to his death, and the Board does not have jurisdiction to adjudicate the merits of these claims.