Other conditions decisions — 2016

The Board denied the motion for CUE in a May 30, 2007 decision affirming the termination of the appellant's VA accreditation as an agent to represent claimants before VA. The Board found that the correct laws were considered and no new evidence was presented.

The Board finds that the Veteran does not have a chronic disorder related to chest pain and fails to link his current costosternal syndrome to his military service, including as secondary to his service-connected generalized anxiety disorder with panic disorder and major depressive disorder. Therefore, service connection for chest pain is denied.

The Board found that the Veteran's death was not caused by any service-connected disability, nor could it be presumed to have been caused by exposure to herbicide agents. The cause of death was determined to be generalized carcinomatosis with metastases to the liver from an unknown primary site.

The Veteran is seeking an increase in the amount of his nonservice-connected pension benefits. The appeal is being remanded for additional development, including obtaining updated financial information and recalculating the Veteran's countable income.

The Board has determined that the appellant's character of discharge from service does not constitute a bar to VA benefits, as his actions leading to the discharge do not reflect willful and persistent misconduct.

The Veteran has current residuals of a shrapnel wound in his right arm, but not for burns to the torso and right arm.,Service connection is granted for the residual effects of a shrapnel injury to the right arm.

The appellant's claimed service as a recognized guerilla in the Philippine Commonwealth Army was not verified by the service department, leading to denial of eligibility for a one-time payment from the Filipino Veterans Equity Compensation Fund.

The Board has determined that the Veteran's cause of death, carcinoma of the bladder, was not caused or aggravated by his military service. The Board also found no evidence to suggest that any of his service-connected disabilities contributed to his death.

The Board found that the Veteran's additional disability was not caused by VA care, treatment or examination and denied his claim.

The Veteran's appeal is being remanded for additional development, including obtaining medical opinions and examinations to address the nature and etiology of his claimed speech/swallowing disorder and gastrointestinal condition. The claims for service connection and increased rating for cervical spine disability are also being remanded.

The Veteran is seeking compensation under 38 U.S.C.A. § 1151 for loss of the ability to walk following a February 2010 cervical spine decompression surgery by VA. The Board finds that a new examination is needed to determine if this loss of function was an additional disability resulting from negligence or carelessness on the part of VA.

The Board has determined that additional development is needed to address the Veteran's claims for service connection for prostate and bladder disabilities, including as due to chemical exposure. The case will be remanded for further action.

The Board has granted service connection for a left lower extremity disability, to include RSD (reflex sympathetic dystrophy), finding that new and material evidence had not been received to reopen the claim. The Veteran's left ankle injury during service is considered the inciting event leading to her current RSD.

The Board has remanded the case for a VA medical opinion to determine whether cancer of the larynx or trachea was a principal or contributory cause of the Veteran's death, and whether his liver, esophageal, laryngeal and tracheal cancers are attributable to his asbestos exposure in service.

The Veteran's service-connected osteomyelitis of the left femur has been rated at 10 percent since May 2012. The Board finds that a higher rating is not warranted as his symptoms do not meet or approximate the criteria for a higher evaluation.

The Board denied the claim of reopening a service connection for an acquired psychiatric disorder as new and material evidence was not submitted, and the Veteran's mental condition is considered a personality disorder.

The Board found that the Veteran's fatal pancreatic carcinoma was not incurred in or aggravated by his military service, and thus denied the claim for service connection.

The Veteran's bilateral deep vein thrombosis of the lower extremities is rated at 60 percent, and his bilateral orchiectomies are service-connected as secondary to his DVT. The decision on these issues is mixed.

The appeal has been withdrawn by the appellant through his authorized representative before a decision was made.

The Board has determined that the Veteran does not have a current left arm disability and therefore, service connection for this condition is denied. The issue of service connection for a left leg disability was remanded but remains pending.