Other conditions decisions — 2016

The Veteran's cause of death was due to metastatic cancer, presumed to be related to his service exposure to Agent Orange. Claims for service connection for poorly differentiated carcinoma involving the liver, ribs, right hip and spine were pending at the time of his death but not supported by evidence in the file.

The Board has determined that the Veteran's colon cancer is related to his active duty service, including presumed exposure to herbicides in Vietnam. As a result, the claim for service connection for colon cancer due to herbicide exposure is granted.

The Veteran's right and left foot disabilities have been rated as 10 percent disabling each, with no new evidence to reopen the claims for knee disorders. The current ratings are considered appropriate.

The Board found that the Veteran's current lung disorder, including malignant neoplasm, was not incurred in or related to service. The 22-day exposure to asbestos during service is considered insignificant compared to over 40 years of post-service occupational asbestos exposure.

The Board denied the claim for service connection for the cause of the Veteran's death, finding that no service-connected disability caused or contributed substantially to his death.

The Veteran's claim for nonservice-connected pension benefits was denied as he failed to provide adequate verification of his income during the appeal period.

The Board denied the veteran's claim for educational assistance benefits under various GI Bill programs due to his ineligibility based on his service records and determinations by the reserve components.

The Board denied the veteran's claim for basic legal entitlement to a one-time payment from the Filipino Veterans Equity Compensation Fund due to lack of verifiable service as a member of the Philippine Commonwealth Army, including the Recognized Guerrillas, in the service of the United States Armed Forces.

The Board has granted compensation under 38 U.S.C.A. § 1151 for skin rash and partial CN III nerve palsy, effective May 10, 2016.

The Board has determined that there is no current diagnosis of superior mesenteric artery syndrome or its residuals, and the Veteran's back disorder is not related to service-connected conditions. Therefore, her claims for these conditions are denied.

The Board denied service connection for a hysterectomy and found that the Veteran's hysterectomy was not caused by her military service. The claims for increased ratings for lumbosacral spine, left knee, and right knee disabilities, as well as TDIU were also denied.

The Board found that there is no evidence to support a connection between the Veteran's current skin condition and cellulitis of the lower extremities and his military service, including any exposure to herbicides or other chemicals. The claim was denied.

The Veteran's right knee condition, classified as arthritis with inactive TB, was manifested by complaints of pain but no worse than 0 degrees of extension and 105 degrees of flexion (as shown in VA examination reports). Throughout the period there was no evidence of ankylosis or recurrent subluxation or lateral instability; no more than moderate knee impairment was demonstrated.,From February 29, 2016, the right knee was manifested by moderate lateral instability. Severe instability is not shown.

The Veteran's psychiatric disability, specifically a mood disorder due to hearing loss and alcohol dependence in early remission, was rated at 50 percent effective August 12, 2010. The rating has been granted but not higher.

The Board has determined that the Veteran's service-connected right arm ulnar nerve entrapment warrants a rating of 30 percent, effective from the date of the decision.

The Board has dismissed the appeal due to the appellant's withdrawal of the appeal.

The Board has remanded the Veteran's claims for additional development due to the need for a VA examination and for obtaining outstanding medical records. The Veteran is entitled to an initial rating in excess of 10 percent for gastritis, but her claim for dry eye syndrome remains denied.

The Board has granted service connection for bilateral posterior subcapsular cataracts, finding that the Veteran's current condition is at least as likely as not related to his in-service exposure to microwave and x-ray radiation.

The Board denied the appellant's claim for DIC benefits as he does not qualify as a 'child' of the Veteran for VA purposes due to his adulthood and lack of permanent incapacity before reaching age 18.

The Veteran is seeking compensation under section 1151 for left foot nerve damage resulting from a surgical procedure in August 2004. The claim will be remanded to obtain an addendum opinion regarding the musculoskeletal impairment of the left foot and its relationship to the surgery.