Other conditions decisions — 2014

The Board has granted the Veteran's claim of service connection for a lung disability, with an initial rating of 30% effective from the date of the decision.

The Veteran's laryngeal cancer was not incurred or aggravated by service, and the Board finds that there is no link between his asbestos exposure during service and his current condition.

The Board found that the Veteran's stomach-related symptoms are associated with diagnosed conditions (IBS and GERD) rather than an undiagnosed illness, thus denying service connection.

The Board finds that the Veteran does not have a service-connected dental condition and therefore, his claim for service connection for a dental condition is denied.

The Board has remanded the case for further development and adjudication of claims including service connection for a cervical spine disability, increased ratings for pes planus and urinary tract infection disabilities, and to reopen service connection claims for psychiatric and knee disabilities. The uterine fibroid disorder claim will also be addressed with an etiology opinion from an appropriate VA physician.

The Veteran's claims for an increased rating for service-connected psychoneurosis, somatization disorder, with primary insomnia and for service connection for a gastrointestinal disability were denied. The claim for TDIU was also denied due to the Veteran's failure to report for a scheduled VA examination.

The Veteran is seeking compensation under 38 U.S.C.A. �1151 for shingles and its associated complications, which he claims resulted from VA treatment at a VAMC in March and June 2007. The appeal is being remanded to obtain additional records and provide an opinion on the cause of his condition.

The Board has granted the Veteran's claim to reopen his service connection for a fungus infection of the left fifth toe and has determined that he is entitled to service connection for a fungus infection of both feet. The decision also addresses the issue of service connection for the right second and fourth toes, but does not specify whether it was granted or denied.

The Veteran's request for waiver of overpayment of NSC pension benefits was denied because the recovery from him would not be against equity and good conscience.

The Veteran's claims are being remanded due to the need for additional VA examinations and the retrieval of outstanding medical records.

The Board found that the overpayment was valid and not due to fraud, misrepresentation or bad faith. The decision concluded that recovery of the overpayment would not be against equity and good conscience as it did not result in undue hardship for the appellant.

The Veteran's unauthorized medical expenses incurred for a subarachnoid hemorrhage were covered due to the conflicting evidence showing that Gainesville VA Medical Center could have provided the necessary care, and thus resolving doubt in favor of the Veteran.

The Veteran's skin disorder (actinic keratosis) was not incurred in service and is not presumed to be due to herbicide exposure. The Veteran's PTSD has been rated as 30 percent disabling from July 13, 2009, to August 27, 2012, but the evidence does not support a higher rating for this period or an initial evaluation in excess of 50 percent.

The Veteran is appealing a September 1976 decision denying service connection for hearing loss due to CUE. The case has been remanded for issuance of a statement of the case regarding this issue.

The Veteran's skin disabilities, including basal cell carcinoma and squamous cell carcinoma, were not incurred in or due to his active military service, nor may they be presumed to have been so incurred.

The Board has remanded the case due to insufficient medical evidence and a need for further development, including obtaining recent VA treatment records and scheduling a new VA examination.

The Board has reopened the appellant's claim for service connection for the cause of the Veteran's death, but a VA medical opinion is needed to determine if the Veteran's fatal neurological disorder was related to his time in service.

The motion for revision of a Board decision based on clear and unmistakable error was dismissed without prejudice due to the failure to specify the date of the Board decision.

The Veteran's adenocarcinoma of the right lung was not found to be related to service, including exposure to ionizing radiation. The claim is denied.

The Board determined that there was no service-connected disability that caused or contributed to the Veteran's death from Alzheimer's disease and bladder cancer, which were first diagnosed many years after his military service.