Other conditions decisions — 2016

The Board denied the Appellant's claim for service connection for ALS as accrued benefits due to her failure to file a timely application within one year of her husband's death.

The Veteran's multiple basal cell carcinomas and squamous cell carcinomas originated during active service due to extensive sun exposure while serving as a signalman aboard the U.S.S. Thaddeus Parker in the South Pacific.

The Veteran's appeal for service connection for breast cancer, claimed as due to exposure to herbicides, has been dismissed because the Veteran died during the pendency of the appeal.

The Board found that there was no direct service connection for the Veteran's pancreatic cancer, and the evidence did not support a finding of herbicide exposure causing his death. The cause of death was attributed to his extensive smoking history.

The Veteran's claim for compensation under 38 U.S.C.A. § 1151 for HIV caused by a colonoscopy at VA hospital is denied as there was no evidence of an additional disability resulting from the care provided.

The Board has determined that the Veteran's nasopharyngeal carcinoma with metastatic squamous cell carcinoma is related to her military service, including environmental exposures during service. The claim for service connection is granted.

The Board has determined that the Veteran's death was caused by a brain tumor, which is presumed to be related to his service due to exposure to herbicides in Vietnam. The primary cause of death is considered presumptively related to service.

The Board has remanded the case due to the appellant's request for a hearing before the Board of Veterans' Appeals.

The Board denied the Veteran's request for a waiver of overpayment of non-service-connected (NSC) pension benefits, finding that recovery would not be against equity and good conscience.

The Veteran does not have a current disability of bilateral heel spurs and there is no evidence of such condition during or within one year after service. The Board finds that the weight of the evidence demonstrates that the Veteran did not sustain a right or left heel spurs injury, disease, or event during active service.

The Board has remanded the case due to inadequate development, including failure to obtain VA treatment records and private medical records. The Veteran's service connection claims for bilateral lower extremities are being reviewed again with a new examination.

The Board has ordered additional development due to the need for clarification of the etiology of the Veteran's left arm numbness and trunk paresthesias. The case is being remanded for a VA examination with a neurologist.

The Board found that the Veteran's facial tumors did not manifest in service or for many years thereafter, and are not related to his military service, including as due to Agent Orange exposure.

The Veteran's claim for higher ratings for gout of the bilateral toes has been denied. The Board found that a rating in excess of 20 percent prior to May 5, 2011 and 40 percent thereafter is not warranted.

The Board denied the Veteran's spouse's claims for accrued benefits and concurrent payment of nonservice-connected death pension benefits to run concurrently with the payment of DIC benefits, finding that the Veteran did not have any pending claims at the time of his death and that concurrent payments are not allowed.

The Veteran's residuals of anal fistula, currently diagnosed as an anal fissure, have been manifested by anal pain, itching, and discomfort, occasional involuntary bowel movements necessitating the use of a pad, constant slight leakage, and some rectal bleeding. For the entire rating period prior to August 5, 2014, the criteria for a 30 percent rating have been met.

The Board found that there is no evidence of a current respiratory disability and the Veteran's symptoms resolved without residuals. Therefore, service connection for a respiratory disorder was denied.

The Veteran's right eye disability, which includes pain and visual field impairment, warrants a 10 percent rating since January 18, 2010.

The Board denied the Veteran's petition to reopen his claim of entitlement to service connection for CLL, finding that new and material evidence had not been submitted. The Veteran was an Air Reserve Technician (ART) who worked at Hanscom Air Force Base from 1970 to 1973, but his employment did not qualify as active military service.

The Veteran's squamous cell carcinoma of the oropharynx is being remanded for a new VA examination to determine if it is related to service, including as proximately due to or the result of Agent Orange exposure.