Other conditions decisions — 2015

The Veteran's claims for service connection for a GI disorder and a respiratory disorder are being remanded due to the need for additional development, including obtaining medical records and arranging for appropriate examinations.

The Veteran's appeal has been withdrawn by the appellant through his authorized representative, and thus the case is dismissed.

The Veteran's deviated nasal septum has not been characterized by 50 percent obstruction of the nasal passages on both sides or complete obstruction of the nasal passage on one side, and thus a compensable evaluation is denied.

The Board found that esophageal cancer was not incurred in or aggravated by active military service and could not be presumed to have been so incurred as due to herbicide exposure. The cause of death listed on the Veteran's death certificate was esophageal cancer, but there were no contributory causes of death listed.

The Veteran's appeal is being remanded to obtain additional medical records and an updated VA examination. The case will be returned for further development.

The Veteran's claim for service connection for atrial fibrillation, claimed as ischemic heart disease/atherosclerosis, is being remanded due to the need for additional development and an examination.

The Board has remanded the case due to inadequate VA examination opinions regarding whether the Veteran's right hand disability is caused or aggravated by his service-connected cervical spine disability. The claim will be returned for a new VA examination.

The Veteran's appeal has been withdrawn, and the case is dismissed.

The Veteran's claim for service connection for a skin condition of the feet, claimed as jungle rot, is being remanded due to the need for further development and an examination.

The Veteran's claims for higher ratings were denied. The residuals of fracture to the left ramus of the mandible are rated as noncompensable, and the loss of denture due to trauma is rated at 10 percent effective from March 17, 2010.

The Veteran's hyperlipidemia is not a disability for which service connection can be granted. The Board finds that the Veteran has been exposed to ionizing radiation and his squamous cell carcinoma of the right upper lip is considered a radiogenic disease, thus meeting the criteria for service connection.

The Board finds that the recoupment of severance pay from VA disability benefits between October 1, 2009 and December 30, 2011 was proper by operation of law.

The Veteran's claim for service connection for larynx cancer as a result of Agent Orange exposure is denied. The Board found that the evidence does not establish a positive association between Agent Orange exposure and oral cancers, including his floor of mouth cancer. As such, he cannot be granted service connection on a presumptive basis. His claim for loss of sensation of the tongue due to larynx cancer removal is also denied as secondary service connection is not applicable since the primary condition (larynx cancer) itself is not service connected. The increased rating claim for diabetes mellitus type II remains pending.

The Veteran's service-connected Crohn's disease has been rated at 60 percent since June 2, 2004. The TDIU was granted effective June 2, 2004.

The Board has determined that the Appellant may be recognized as the Veteran's surviving spouse for purposes of VA benefits, given her statements and the mutual agreement of separation prior to his death.

The Veteran's appeal is being remanded for a new VA examination to assess the severity of his herniated disc (L5-S1) disability, and for consideration of any additional evidence.

The Veteran's appeal is being remanded for additional development to determine the etiology of his toenail fungus and whether it is related to service.

The Veteran's death was due to his service-connected CBGD, which is presumed to be related to herbicide exposure in Vietnam. The Board has ordered additional development including obtaining medical opinions and private treatment records.

The Veteran's appeal is being remanded for additional development, including obtaining updated medical records and scheduling a VA examination to assess the severity of his left knee disability. The TDIU claim will also be addressed.

The Board has determined that the Veteran's subjective neurocognitive symptoms, including headaches, dizziness, slurred speech, and handwriting difficulties, were not incurred in active duty. The claim for service connection for residuals of heat stroke was denied as there is no evidence linking these symptoms to his military service.