Other conditions decisions — 2013

The Veteran died of metastatic transitional cell cancer. The appellant asserts that the service-connected shell fragment wound in the lumbosacral region may have contributed to his cause of death, and she was told the cause of death was pneumonia.

The Veteran's claim of entitlement to compensation under 38 U.S.C.A. § 1151 for additional disability resulting from VA surgery to repair umbilical hernias is dismissed as the disability at issue (umbilical hernia) is already service-connected.

The Board has remanded the case for additional development, including obtaining medical records and arranging for an examination to determine if the Veteran's CAD is related to his service or any other relevant factors.

The Board found that an earlier effective date for the establishment of aid and attendance allowance for the Veteran's surviving spouse was not warranted, as the claim had been received by VA on October 26, 2007.

The Board denied the Veteran's request for waiver of overpayment of pension debt in the amount of $47,332 due to bad faith on his part. The decision found that he failed to report earned income and received VA pension benefits while holding a job.

The Veteran's service-connected polyarthritis, along with other disabilities, rendered him unable to secure or follow a substantially gainful occupation as early as December 2007. The Board finds that he is entitled to a TDIU effective from May 14, 2008.

The Veteran seeks service connection for colon cancer, which he claims is related to his exposure to asbestos onboard the USS ORISKANY during a fire in October 1966 and during repairs at San Francisco Naval Yards. The case is being remanded for further development including an official statement from the Navy department regarding the likelihood of the Veteran's exposure to asbestos.

The Board has determined that a VA examination is necessary to determine the nature and likely etiology of the Veteran's claimed myofascial pain syndrome and urinary incontinence, as well as whether these conditions are related to service.

The Veteran's claim for SMC based on the need for aid and attendance was denied as he refused to undergo a necessary VA examination, which is required to establish this benefit.

The Veteran's adenocarcinoma of the prostate is presumed related to herbicide exposure while serving in Thailand, and his claim for service connection is granted.

The Board found that the Veteran does not have a current left eye disability for which service connection can be granted. The only diagnosed left eye disorder is refractive error, which is not a disability for which service connection can be established. For her right eye conjunctiva racial melanosis, the Board noted an insufficient opinion regarding its relationship to military service.

The Veteran's claim for service connection for partial paralysis of vocal cords (also claimed as a throat condition) is being remanded due to the need for additional development, including obtaining medical opinions and VA treatment records.

The Veteran's chronic myeloid leukemia was not shown to be related to his military service, including presumed exposure to herbicides in Vietnam.

The Board denied the Veteran's claims for service connection for gastroenteritis and dental treatment purposes, finding no evidence of in-service trauma or a direct relationship to service.

The Veteran's service-connected physical adversity to heat was denied as there is no evidence associating his current condition with military service or a service-connected disability.

The Board found that the Veteran's pre-existing left eye disability, including persistent papillary membrane and strabismus, was not aggravated by active service.

The Board found no evidence of a chronic right hand disorder in service or within one year after discharge, and concluded that the Veteran's current right hand strain and arthritis are not related to her service-connected knee disorder or any other service-connected condition. The Board also found insufficient medical evidence to support a finding of secondary service connection.

The Veteran's service-connected left thumb fracture is currently rated at a 10 percent disability rating.,Peripheral artery disease with leg pain has not been established as incurred in or aggravated by active military service.

The Board has determined that further development is needed to determine if the Veteran was exposed to ionizing radiation during service, which could potentially connect his non-Hodgkin's lymphoma to his military service. The case will be remanded for this purpose.

The Veteran's claim is being remanded to obtain a supplemental opinion regarding whether his service-connected keratoconus caused or aggravated his diagnosed bilateral astigmatism.