Other conditions decisions — 2013

The Board has determined that the Aspergillus infection, which caused the Veteran's death, was not reasonably foreseeable and was not due to VA carelessness or negligence. The appellant is therefore entitled to DIC benefits under 38 U.S.C.A. § 1151.

The Board found that chronic gastrointestinal disability other than duodenal ulcer did not have its clinical onset in service and is not otherwise related to active duty. The Veteran's gastrointestinal disorder was also not caused or aggravated by the service-connected anxiety disorder.

The Veteran's left hand disability, characterized by X-ray evidence of arthritis in the joint with slight limitation of motion, has been rated at a 10 percent rating since April 2012. The current rating is appropriate as there is no ankylosis or gap of more than two inches between the thumb pad and opposing fingers.

The Board has granted the Veteran's claim for service connection for cardiovascular disease on a presumptive basis due to herbicide exposure during his active duty service at Air Force bases in Thailand.

The Veteran's appeal is remanded for further development, including scheduling a VA psychiatric examination and obtaining any outstanding treatment records. The issue of entitlement to TDIU will be deferred until the initial rating for his service-connected acquired psychiatric disorder is resolved.

The Board has determined that the Veteran's Legg-Perthe's disease of the left hip was incurred during service, as it existed prior to service and aggravated by service.

The Veteran's claims for earlier effective dates for increased ratings of manganese poisoning conditions have been denied as there is no evidence showing the disabilities met or exceeded the current rating levels prior to December 18, 2007.,The Veteran's claims for earlier effective dates for increased ratings of manganese poisoning conditions have been denied as there is no evidence showing the disabilities met or exceeded the current rating levels prior to December 18, 2007.

The Board denied the appellant's request for waiver of overpayment of VA pension benefits, finding that the debt was properly created due to the appellant's failure to report earned income and acting in bad faith.

The Board found that the Veteran's chronic gastrointestinal disorder did not have its onset in active military service and denied her claim.

The VA determined that the Veteran's additional right elbow disability was not caused by carelessness, negligence, or error in judgment on the part of VA during treatment for a radial head fracture in 2001.

The VA determined that the Veteran's respiratory disorder is not related to his military service and is more likely due to marijuana use.

The Veteran's service-connected intervertebral disc syndrome does not render him unable to secure or follow a substantially gainful occupation.

The Board found no evidence of a bronchial/respiratory disorder or memory loss due to service, including as due to undiagnosed illness in the Persian Gulf. The Veteran's current conditions were not related to his military service.

The Board denied the appellant's claim for a one-time payment from the FVEC Fund as he did not have service as a member of the Philippine Commonwealth Army, including recognized guerrillas, in the service of the United States Armed Forces.

The Board has reopened the appellant's claim of entitlement to service connection for a bilateral eye disorder, but further development is needed before adjudication can proceed.

The Board has determined that the Veteran's diagnosed mononucleosis with Burkitt's lymphoma and Epstein Barr virus is etiologically related to her active service, granting service connection for these conditions.

The Board has decided to remand the case for further development due to conflicting medical opinions regarding the cause of the Veteran's ankylosing spondylitis.

The Veteran's appeal has been withdrawn, and the Board is dismissing the case.

The Board found that the overpayment of $11,466 from the retroactive removal of a dependent spouse was properly created due to the Veteran's continued acceptance of benefits despite knowing he was no longer entitled.

The Veteran's basal cell carcinoma was not shown to be related to service, including exposure to herbicides. The Board denied the claim as there is no evidence of a direct relationship between the condition and service.