Other conditions decisions — 2013

The Veteran is seeking compensation under 38 U.S.C.A. § 1151 for additional disability of his feet due to VA medical and surgical treatment from February 1998 onwards. The Board has determined that a remand is necessary to obtain relevant records, including operation reports and informed consents, and to provide the Veteran with an examination by a suitably qualified medical professional.

The Board has determined that the Veteran's colon cancer is likely due to his period of active service, including asbestos exposure.

The Veteran's claim for payment of unauthorized medical expenses incurred at Wesley Medical Center on October 27, 2011 is granted as the VA facilities were not feasibly available and an attempt to use them beforehand would not have been reasonable by a prudent layperson.

The Veteran's Kennedy's disease was not incurred in or aggravated by military service and may not be presumed to have been incurred in service due to herbicide exposure. The Board finds that the Veteran's claim must be denied on this basis.

The Board found no evidence of a service-connected bilateral eye disability, as the Veteran's current conditions are not related to his military service. The claim is denied.

The Veteran requested to withdraw his appeal for the issue of entitlement to a TDIU. The Board has dismissed this issue as it is no longer being pursued by the appellant.

The Veteran is seeking service connection for stomach cancer, which he believes was caused by exposure to herbicides during his military service. The case has been remanded due to the need for a supplemental medical opinion regarding all potential causes of the condition.

The Veteran's service-connected prostate cancer disability is rated at 60 percent, effective February 24, 2009. The Board denied the claim for TDIU as his service-connected disabilities do not render him unable to obtain or retain substantially gainful employment.

The Veteran's peritoneal adhesions are not shown to meet the criteria for a higher rating, as they do not demonstrate moderate or moderately severe impairment with partial obstruction.

The Board has determined that the Veteran's death was not caused by a service-connected condition, and therefore denied the claim for service connection for cause of death.

The Board has remanded the appeal to provide the Veteran with an RO hearing, add his vocational rehabilitation file to the record, and issue a supplemental statement of the case. The Veteran's claim for Chapter 31 benefits is now pending.

The Board has determined that the Veteran's skin disorders, including basal cell carcinoma residuals, squamous cell carcinoma residuals, actinic keratoses, and seborrheic keratoses of the head, back, and trunk, were incurred during active service due to his extensive unprotected sun exposure while stationed in the Philippines and Saudi Arabia.

The Board has determined that the appellant does not have legal entitlement to a one-time payment from the FVEC fund due to lack of service in the United States Armed Forces.

The Board has determined that the appellant forfeited her eligibility for VA benefits due to fraud and therefore, the claim of reopening the issue of entitlement to service connection for the cause of the Veteran's death is denied.

The Board has determined that new and material evidence has been received to reopen the Veteran's claim for service connection for herpes simplex. The reopened claim is now before the Board.

The Veteran sustained additional disability involving an increased level of severity of his avascular necrosis of the left hip as a direct result of an October 2005 operative procedure undertaken by VA for resurfacing of the left femoral head, without first obtaining his full and informed consent.

The Veteran's claim for service connection for a gastrointestinal disorder, specifically trichuriasis and hiatal hernia with distal reflux esophagitis grade II, is being remanded due to the need for a VA examination. The examiner will determine if the current gastrointestinal disorders are related to his time in service.

The Veteran's appeal is remanded to determine if any additional disability caused by right upper extremity amputation and cerebrovascular accident was due to VA medical treatment, without considering the presumption of service connection.

The Veteran does not have a current diagnosis of cold injuries of the bilateral lower extremities, or persistent or recurrent symptoms related to such a disability. The Board finds that service connection for cold injuries of the bilateral lower extremities is not warranted.

The Veteran's claim for an initial disability rating in excess of 10 percent for upper back strain with left scapular winging was denied. The Board found that additional development is needed to assess the current nature and severity of all manifestations, including any neurological symptoms.