Other conditions decisions — 2014

The Veteran's claim for service connection for a psychiatric disability (claimed as nervousness) has been reopened due to the submission of new and material evidence. However, the Board finds that there was no clear and unmistakable error in the September 1970 rating decision denying this claim.

The Board denied the motion alleging clear and unmistakable error in the decision that declined to reopen the appellant's claim of basic eligibility for VA benefits.

The Board has determined that the Veteran's gastrointestinal disorder is etiologically related to his active service, and therefore grants service connection for this condition.

The Veteran's claim for an increased disability rating in excess of 20 percent for his service-connected cervical spine disability, C5-6 disc bulge is being remanded due to the need for a new VA examination.

The Veteran's claim for an annual clothing allowance is denied as the VA examiner or designee has not certified that he uses medication prescribed by a physician for one skin condition, which is due to a service-connected disability and causes irreparable damage to his outer garments.

The Board has granted an initial disability rating of 10 percent for the Veteran's right thumb metacarpal fracture residuals, effective from January 2008. The case was remanded multiple times due to inadequate examination reports and further development is required.

The Veteran's cause of death, Acute Myeloid Leukemia (AML), is determined to be related to herbicide exposure during service. Service connection for the cause of the Veteran's death is granted.

The Board denied the claim for an effective date earlier than August 31, 2010, for the award of service connection for the cause of the Veteran's death. The appellant did not file a formal or informal claim prior to April 12, 2011, and the effective date cannot be earlier than that date.

The Board has determined that the Veteran's pleural plaques are related to his in-service asbestos exposure and grants service connection for this condition.

The Board has determined that there is not enough evidence to support the Veteran's claim of service connection for pterygium, and thus denied his claim.

The Board finds that the Veteran's polycythemia is likely related to his smoking and not service-connected. The issue of dizziness is also denied as it is linked to nonservice-connected phlebotomies.

The Veteran's death was caused by a massive gastrointestinal bleed, which was due to negligence on the part of VA in not providing prophylactic treatment with H-2 blockers or proton-pump inhibitors (PPIs). The Board finds that this constitutes service connection for the cause of the Veteran's death under 38 U.S.C.A. § 1151.

The Board found that the appellant's multiple violations of military law resulted in a discharge under conditions other than honorable, and thus his character of service is a bar to VA benefits.

The Board has remanded the case for further development, including an examination to determine the nature and etiology of the Veteran's shortness of breath disability.

The Veteran's appeals have been dismissed due to his death during the pendency of the appeal.

The Board denied the appellant's claim to reopen her service connection for cause of death due to mustard gas/Lewisite exposure, finding that new and material evidence had not been submitted.

The Veteran's service-connected squamous cell carcinoma of the right tonsil and left lateral tongue, status post radical neck dissections, tonsillectomy and left partial glossectomy prior to June 10, 2009, resulted in a combined rating of 80 percent. The Board granted an initial noncompensable (0%) disability rating for the service-connected squamous cell carcinoma of the right tonsil and left lateral tongue, status post radical neck dissections, tonsillectomy and left partial glossectomy prior to June 10, 2009.

The Veteran's appeal is being remanded for additional development, including obtaining service department records and VA/SSA records, as well as an addendum opinion regarding the relationship between her service-connected PTSD and alcohol dependence.

The Board has determined that service connection for hyperlipidemia cannot be granted as it is a laboratory finding and not a disability. The claims of service connection for hypertension, bradycardia, sinus arrhythmia, arthralgia of the right shoulder, left shoulder, and spine, skin disorder of the chest, sides, shoulders, and neck have all been denied due to lack of new and material evidence.

The Board finds that the perforated sigmoid colon following the November 7, 2006 VA colonoscopy was not proximately caused by carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of VA. The Veteran's perforation was a reasonably foreseeable event.