Other conditions decisions — 2012

The Board has granted service connection for the cause of the Veteran's death due to Multiple System Atrophy (MSA), which is considered similar to Parkinson's disease and thus subject to the herbicide presumption. The Veteran served near the DMZ in Korea, but his exact location was unclear. Service connection is granted based on new evidence.

The Board has determined that the Veteran does not have a cerebrovascular accident or mouth burns related to service, and therefore, these claims for service connection are denied. The claim for anemia is also denied as there is no evidence of current disability.

The Board denied the appellant's claim for apportionment of the Veteran's pension, finding that the Veteran was reasonably discharging his responsibility for support of his minor children and that an award of a special apportionment would cause undue financial hardship on the part of the Veteran.

The Veteran's right eye phthisis was caused by VA medical treatment, and the Board finds that this event was not reasonably foreseeable. Therefore, compensation under 38 U.S.C.A. § 1151 is granted.

The Board has decided to remand the case for additional development, including obtaining updated VA treatment records and a new examination.

The Veteran's claim for an increased disability rating in excess of 10 percent for residuals of postoperative pilonidal cyst is being remanded due to the need for a new VA examination and the retrieval of outstanding VA treatment records.

The Veteran's cause of death was esophageal carcinoma, which is not service-connected. Hypoglycemia, a contributory cause of death, also occurred and is considered direct service connection.

The Veteran's initial compensable rating for his left internal carotid artery aneurysm with angioplasty and stenting is denied as there is no evidence of functional impairment that warrants a higher rating.

The Veteran's claim for compensation under 38 U.S.C.A. §1151 is granted as his additional disability of the right shoulder due to septic arthritis and osteomyelitis was caused by VA's failure to timely diagnose and treat his condition.

The appellant is not eligible for a non-service connected pension as he did not serve in the U.S. Armed Forces and is not considered to have performed active military, naval, or air service for the United States.

The Board has remanded the case due to insufficient evidence regarding the Veteran's respiratory disorder and its relationship to service. The Veteran will need to provide additional medical records, obtain new authorizations for treatment providers, and undergo a VA examination.

The Board found that the cause of the Veteran's death was not related to service-connected conditions, and thus denied service connection for the cause of death. The medical evidence did not show a direct link between any service-connected condition and the Veteran's death.

The Veteran's claims for increased evaluation of his service-connected degenerative joint disease of the L5-S1 and TDIU are being remanded due to the need for additional examinations, including a VA orthopedic and neurologic examination. The Veteran also needs to provide information regarding any Social Security Administration (SSA) disability benefits he has received.

The Veteran's appeal is denied as he did not meet the 90-day requirement for active military service, making him ineligible for nonservice-connected pension benefits.

The Veteran's right-sided abdominal pain is considered a manifestation of an undiagnosed illness that became manifest during his active service in the Persian Gulf War and has persisted for more than six months. The Board finds that this condition qualifies as a chronic disability under VA regulations, warranting service connection.

The Board denied the Veteran's claims of service connection for a fractured nose, stress, and abdominal pain. The fractures occurred during an OTH period due to willful and persistent misconduct, which resulted in his discharge under other than honorable conditions.

The Board denied the Veteran's claim for payment or reimbursement of unauthorized medical expenses incurred at Twin Cities Community Hospital from December 8, 2008 to December 10, 2008. The services were not provided in a VA facility and there was no evidence that the nearest VA facility was feasibly available.

The Veteran seeks an earlier effective date for the grant of service connection for residual effects, manifested by leg length discrepancy and obvious bone deformity, status-post comminuted closed fracture, involving the tibia and fibula, right lower extremity. The Board finds that no such earlier effective date is warranted as the claim was not received within a year after separation from service.

The Veteran is seeking service connection for cold injury residuals in multiple upper and lower extremities. The Board has determined that further development, including a VA examination, is needed to address the etiology of these disabilities.

The Board found that the Veteran does not have a current hearing disability for VA purposes and there is no competent medical evidence linking his hearing loss to service. Therefore, the claim for service connection was denied.