Other conditions decisions — 2013

The Board has determined that the appellant's net worth is excessive for receiving non-service-connected VA death pension benefits, as her annual income exceeds the maximum set by law.

The Board has determined that the appellant's spouse did not have qualifying service as a member of the Philippine Commonwealth Army, including recognized guerrillas, in the United States Armed Forces. Therefore, the appellant is not eligible for a one-time payment from the Filipino Veterans Equity Compensation Fund.

The Board has reopened the Veteran's claim for service connection for pes cavus of the right foot and granted it, finding that new evidence submitted since the last denial indicates aggravation in service. The Veteran is now entitled to service connection for this condition.

The VA medical center in Las Vegas failed to diagnose the Veteran's pre-existing coronary artery disease, which led to his heart attack. The Board finds that this failure did not meet the standard of care expected from a reasonable health care provider and was not foreseeable.

The Board has remanded the case for additional development, including obtaining an opinion from a VA examiner regarding whether the Veteran's earache and dizziness are related to his service-connected left otitis media and Eustachian tube dysfunction.

The Veteran's mood disorder has been granted an initial 50 percent disability rating, effective from August 19, 2010. The Veteran also received a noncompensable disability rating for scarring on the penis shaft as of September 8, 2010.

The Board has determined that the Veteran's esophageal gastric cancer is related to his exposure to Agent Orange during service in Vietnam, and thus grants service connection for this condition.

The Board found that the Veteran's muscular dystrophy pre-existed his military service but was aggravated by physical exertion during service. The decision grants service connection for this condition.

The VA examiner found no evidence linking the Veteran's heart condition to his service-connected PTSD, and concluded that the current heart disorder is not related to military service.

The Veteran's appeal is being remanded for additional development, including obtaining VA and private treatment records, and scheduling an audiology examination to assess the current severity of his service-connected left ear disabilities.

The Board has remanded the case for clarification of the current evaluation assigned to the service-connected left calf fragment wound and for a VA examination to determine the nature and severity of the Veteran's left calf disability.

The Board found that the Veteran's bunion of the left foot is not related to service and is not caused or aggravated by his service-connected right and left knee disabilities. As a result, the claim for service connection was denied.

The Board has remanded the case for further development, including obtaining records related to radiation exposure and herbicide exposure. The claim will be adjudicated again after this additional development.

The Board has ordered a new VA examination to differentiate the crusted lesion of the left lower leg from the residuals of osteomyelitis of the left tibia. The Veteran's claim for an increased rating remains pending.

The Board has determined that the Veteran's benign choroidal nevus of the right eye is a congenital defect and not subject to service connection as it does not meet the criteria for a disease or injury.

The Board denied the Veteran's request to add his spouse to his compensation award earlier than July 1, 2002 for accrued benefits purposes based on substitution of the appellant. The effective date was set at July 1, 2002.

The Board found that the Veteran's current vision problems, including cataracts and presbyopia, are not related to his military service. The Veteran had congenital errors of refraction in service but did not have any superimposed injuries or diseases affecting his eyes.

The Board has determined that the Veteran's stroke in December 2004 was not incurred or aggravated by service, and is not secondary to his service-connected hypertension.

The Board has determined that the Veteran's incontinence is not related to his service, and specifically denies service connection for this condition.

The Veteran died from esophageal cancer and was not receiving VA service-connected compensation or nonservice-connected pension benefits at the time of his death. Therefore, he is ineligible for VA burial benefits.