Other conditions decisions — 2012

The Veteran's cause of death is found to be related to Agent Orange exposure, and the appellant is granted retroactive Dependents' Educational Assistance benefits.

The Board finds that the Veteran's current heart condition, including aortic valve replacement, is not related to his military service and denies the claim for service connection.

The Board has determined that the Veteran's eosinophilic granuloma was not incurred or aggravated in active service and therefore denied his claim for service connection.

The Board has ordered a remand for additional development to determine the etiology of any current foot disorder, including whether the Veteran's bilateral hammer toes were aggravated by his service.

The Veteran's claims for a separate rating for right carotid endarterectomy residuals and VA compensation under 38 U.S.C. § 1151 for left carotid artery blockage have been granted.

The Veteran's residuals of a laceration of the right forearm are currently rated at 40 percent, which is the maximum schedular rating under Diagnostic Code 8516 for severe incomplete paralysis of the ulnar nerve. The evidence does not support a higher rating as it fails to show complete paralysis.

The Board denied an increase in the rating for residuals of a left ring finger fracture, finding that there was no basis to assign any compensable rating prior to September 30, 2010 and no basis to assign a rating higher than 10 percent from that date.

The Veteran's service was not verified to be at least 90 days during a period of war, thus the appellant does not meet the basic eligibility requirements for nonservice-connected pension.

The Veteran's claim for an effective date prior to December [redacted], 1996, for the addition of his child as a dependent for increased non-service-connected pension benefits was denied. The evidence did not establish reasonable support during that period.

The Board has remanded the case for a VA examination to determine if the Veteran's tonsillar cancer is related to his military service, including presumed inservice exposure to herbicides. The Veteran will be provided another VA examination to address whether there is any medical reason to accept or reject the proposition that he experienced inservice exposure to herbicides and how it could have led to the development of his tonsillar cancer.

The Veteran seeks service connection for a left arm disorder, which may be related to his service-connected degenerative disc disease of the cervical spine. The case is remanded for further examination and development.

The Board has remanded the case for additional development of claims, including obtaining records from SSA and Office of Retired Personnel. The Veteran's entitlement to a TDIU rating is also addressed.

The Veteran is seeking service connection for residuals of colon cancer, claimed as due to asbestos exposure. The claim has been remanded due to the need to obtain private medical records and consider them in light of a VA oncologist's opinion.

The Veteran's claim to revoke his election for educational assistance benefits under Chapter 33 in lieu of benefits under Chapter 30 has been remanded due to its inextricability with the main appeal. The main appeal will be readjudicated after resolving this issue.

The Board has denied the appellant's claim for one-time payment from the Filipino Veterans Equity Compensation Fund due to a certification by the service department that he did not have the requisite military service.

The Veteran withdrew his appeal regarding the earlier effective date for a 20 percent rating for a duodenal ulcer.

The Board has determined that the appellant does not have service as a member of the Philippine Commonwealth Army, including recognized guerrillas in the service of the U.S. Armed Forces and therefore is not eligible for one-time payment from the Filipino Veterans Equity Compensation Fund.

The Board has remanded the case for further development, including determining whether the appellant wishes to pursue an appeal for DIC benefits and scheduling a VA aid and attendance/housebound examination. The pension claim will be readjudicated after these actions.

The VA examiner found no evidence of a current respiratory condition related to service, including asbestos exposure. The Veteran's respiratory issues are attributed to his smoking history and other medical conditions.

The Board has determined that the Veteran's condition warranted emergency treatment at a non-VA facility due to an abdominal abscess and small bowel obstruction, which could not have been safely transferred to a VA facility. The decision grants payment or reimbursement for medical expenses incurred from November 14, 2009, to November 16, 2009.