Other conditions decisions — 2012

The Board denied service connection for a skin disease and psychiatric disability, finding that the Veteran's current conditions are not related to his military service.

The Board has determined that additional development is necessary to determine the etiology of the Veteran's claimed right and left foot disorders, CFS, Bell's palsy, alopecia, acquired psychiatric disorder (PTSD), and disability manifested by flu-like symptoms and vertigo. The case is therefore REMANDED for further action.

The Board has determined that additional development is needed to determine if the Veteran's basal cell carcinoma can be attributed to service, including exposure to herbicides. The case will be returned for further action.

The Veteran's claim for service connection for a respiratory disability, including pneumonia, is being remanded due to the need for a VA examination.

The Board has remanded the case for further development, including obtaining private treatment records and a VA examination to determine if any current left hip/lower back disability is related to service.

The Board has determined that the appellant is the Veteran's surviving spouse for purposes of receiving VA benefits, as she was legally married to him at the time of his death and there is no evidence indicating she intended to desert or separate permanently from him.

The Veteran seeks service connection for eye disabilities, including as due to exposure to Agent Orange. The case is being remanded for additional development and examination.

The Board has determined that the Veteran does not have left shin cellulitis that is causally related to his military service and therefore denied his claim for service connection.

The Board has reopened the Veteran's claim for service connection due to new and material evidence submitted, including a March 2008 private treatment report from Dr. B.C.M., which diagnosed hyposmia (a decrease in sense of smell). The Veteran's loss of sense of smell is linked to his service, specifically head trauma from boxing at West Point.

The Board has determined that additional development is necessary due to the Veteran's claim of a right eye condition related to in-service trauma. The case is therefore REMANDED for further action.

The Veteran's service-connected Reynaud's syndrome is currently evaluated at 10 percent, and the Board finds that it does not warrant a higher evaluation based on the evidence of record.

The Veteran died of cancer, which was not service-connected or related to any service-connected condition. The claim for DIC under 38 U.S.C.A. § 1318 is denied as the Veteran did not meet the criteria for a TDIU for at least 10 years prior to his death and he did not die within five years of separation from service.

The Board has determined that the Veteran's service-connected generalized anxiety disorder aggravated his pre-existing ulcerative colitis, and therefore grants service connection for ulcerative colitis on a secondary basis.

The Veteran's claim for service connection for twisted/deformed left little toe, to exclude corns of the left little toe, is denied as there is no current diagnosis. The Veteran's claim for a rating in excess of 10 percent for his calcaneal fracture is also denied due to lack of additional disability beyond what is already accounted for by the existing 10 percent rating.

The Board has remanded the case for consideration of Pennsylvania law on common law marriage, as the RO failed to consider this law in its August 2007 decision. The appellant must provide evidence and argument regarding whether she entered into a valid common law marriage with the Veteran.

The Board denied the Veteran's claims for service connection for adenocarcinoma of the colon and metastatic carcinoma of the right lung due to asbestos exposure. The medical opinions found no direct causal relationship between the Veteran's asbestos exposure and his gastrointestinal or lung cancers.

The Veteran's appeal is being remanded for further evaluation of his service-connected cold injuries of the bilateral feet, including consideration of recent VA treatment records and additional medical examination.

The Veteran's appeal was dismissed due to his death, and the Board has no jurisdiction to adjudicate the merits of this claim.

The Veteran's claim for compensation under 38 U.S.C.A. § 1151 is being remanded due to the need to obtain additional medical records and clarify the nature of any private treatment received.

The Board finds that the Veteran's acquired psychiatric disorder, including PTSD, was not incurred in or aggravated by service. The preexisting personality disorder is considered to have been sound upon entry into service and no aggravation during service is shown.