Other conditions decisions — 2012

The Veteran's appeal for a higher initial rating for his paroxysmal atrial fibrillation was denied. His claims for service connection for right foot pain and leg numbness, as well as right hip pain, were also denied.

The Board found that the Veteran did not have a current disability of deep vein thrombosis and denied service connection for this condition. The Board also considered secondary service connection, but found no evidence to support the claim.

The Veteran's claimed conditions were not found to be related to service, including exposure to herbicides or asbestos.

The Veteran's appeals for increased rating of endometriosis, service connection for diverticulitis and chronic fatigue syndrome have been withdrawn. The claim for service connection for fibrocystic disease has not met the criteria.

The Board has determined that new and material evidence has been submitted to reopen the claim for service connection for an umbilical hernia. The Veteran's current diagnosis of a hernia was not related to his military service.

The Board has determined that the appellant is not entitled to recognition as the surviving spouse of the Veteran for VA benefit purposes due to a 1979 divorce from the appellant in California, which was recognized under Philippine law.

The Veteran's appeal is being remanded for additional development, including new examinations and the obtaining of updated VA treatment records.

The Veteran's appeal is remanded due to incomplete service personnel and treatment records, which are needed to determine if he was discharged due to a service-connected disability. The case will be returned to the Board for further action.

The Board is unable to determine whether the appellant is a proper claimant for the benefit sought and if so, whether the claim was timely received. The case is REMANDED for further review.

The Board has determined that the Veteran's claim for service connection for status post pneumothorax is dismissed due to his failure to provide necessary releases for pertinent evidence.

The Board has determined that the appellant is entitled to recognition as the surviving spouse of the Veteran for VA benefit purposes, and thus the appeal is dismissed.

The Veteran's request for waiver of recovery of an overpayment of VA compensation benefits in the amount of $5,847.77 was denied by the Committee on Waivers and Compromises. The case is being remanded to issue a statement of the case addressing this matter.

The Veteran's claim for higher ratings for thoracic plexus intercostals neuritis with disc bulge and chronic sinusitis was denied. The initial rating of 10 percent prior to May 1, 2004 is upheld.

The Board has determined that the Veteran's constrictive bronchiolitis does not meet or approximate the criteria for a higher initial rating in excess of 10 percent on a schedular basis. The evidence shows FEV-1 and DLCO (SB) results within normal limits, which do not warrant a higher rating under Diagnostic Code 6699-6600.

The Veteran's claim for an evaluation in excess of 20 percent for residuals of a gunshot wound of the thoracic spine was denied as his symptoms did not meet the criteria for a higher rating.

The Veteran seeks to establish service connection for a cardiovascular disorder. The Board has requested additional development, including obtaining information regarding the educational and employment background of her representative who submitted an October 2009 medical opinion.

The Board denied the Veteran's claims for service connection for a skin disability, other than comedones, and microscopic hematuria, finding no evidence of such conditions in service or within one year post-service. The Veteran was not shown to have any chronic skin condition associated with herbicide exposure.

The VA medical opinion found that the Veteran's alcohol dependence is not caused by his service-connected PTSD, and thus denied the claim.

The Veteran's claim for nonservice-connected pension was granted based on a finding of permanent and total disability due to his disabilities as determined by the Social Security Administration, which found him disabled since August 1986. The effective date is set at August 31, 2005.

The Veteran's squamous cell cancer of the right base of the tongue is presumed to be related to his service exposure to Agent Orange. The Board has ordered additional development, including a VA examination and clarification from Dr. D.E.