Other conditions decisions — 2013

The Board found that the Veteran's diagnosed MDS is not a chronic B-cell leukemia and therefore, does not meet the criteria for presumptive service connection based on in-service herbicide exposure. The Board also determined that there was no direct evidence linking the current disability to service or in-service herbicide exposure.

The Veteran's appeal has been dismissed due to his death.

The Board has remanded the case for further development, including obtaining information about the Veteran's participation in a French atmospheric nuclear testing and attempting to verify his exposure to ionizing radiation. The Veteran is seeking service connection for colon cancer and bilateral cataracts based on alleged exposure to ionizing radiation during military service.

The Veteran's appeal is being remanded to obtain additional medical records and schedule her for a VA examination to determine the nature and etiology of any current pyelonephritis, autoimmune disorder, and a disorder manifested by fatigue, muscle and joint pain, neurological symptoms, and psychological symptoms.

The Board has referred the issue of the character of the appellant's service for purposes of VA benefits to the RO, and is remanding the case for further review after resolution of this issue. The appeal regarding the claim for service connection for rhabdomyolysis remains on hold.

The Veteran's carcinoma of the right tonsil was not incurred in or as a result of his active military service. The Board found no evidence linking the cancer to his period of service.

The Veteran's service-connected right hand fractures and degenerative changes to the fourth MCP joint do not meet the criteria for a compensable rating under VA regulations.

The Board denied the appellant's claim for an extension of her delimiting date for DEA benefits beyond June 21, 2010 due to lack of evidence showing she was precluded from pursuing education during the relevant period.

The Veteran's right elbow joint disability, including DJD and epicondylitis, is related to active duty service.

The Board has determined that the Veteran does not have a current diagnosis of a low back disability and there is no evidence linking his claimed condition to service. As such, the claim for service connection for a low back disability is denied.

The Board has determined that new and material evidence sufficient to reopen the claim of service connection for squamous cell carcinoma, base of tongue was not received. The Veteran's claim remains denied.

The appellant is not recognized as the Veteran's surviving spouse for purposes of VA death pension benefits due to her remarriage after the Veteran's death.

The Veteran's appeal is being remanded for additional development, including obtaining VA outpatient treatment records and considering any new evidence submitted since the July 2012 SOC.

The appellant's appeal has been withdrawn, and the issues of entitlement to VA DIC benefits, improved death pension benefits, and accrued compensation benefits have been dismissed.

The Board has determined that the Veteran's heart disease, which caused his death, likely began during service. As a result, the Board granted dependency and indemnity compensation based on service connection for the cause of the Veteran's death.

The Board found that the Veteran's current low back disability did not have its onset during service and is not related to a motor vehicle accident in 1986, thus denying his claim for service connection.

The Board has granted a 10 percent rating for the residuals of a gunshot wound to the right leg, effective from September 4, 2008. The Veteran's service-connected scar is currently rated as superficial and painful on examination.

The Veteran's uterine fibroid disability has been manifested by symptoms of chronic vaginal discharge requiring changing pads at least daily, and intermittent swelling and pain in the abdominal or pelvic area. The Board finds that the evidence is in equipoise on whether the condition more closely approximates the criteria for a 30 percent rating under DC 7613 throughout the rating period.

The appellant does not have a diagnosed neurological disorder or bilateral Eustachian tube dysfunction during the period on appeal. The Board finds that service connection is not warranted for these conditions.

The appellant did not file a timely notice of disagreement with the June 2010 rating decision that denied his claim for a one-time payment from the FVEC Fund. As a result, the RO's decision was upheld.