Other conditions decisions — 2017

The Board has determined that the Veteran's necrotizing pancreatitis was not incurred in or aggravated by active service, nor is it due to inservice exposure to Agent Orange. The claim of secondary service connection for diabetes mellitus type II is also denied.

The appellant is granted an apportionment of the Veteran's benefits during his period of incarceration from July [redacted], 2010, to approximately March [redacted], 2012. The status and eligibility of the appellant's children for apportionment are pending further clarification.

The Board finds no current cardiovascular disability and denies the Veteran's claim for service connection. The preponderance of the evidence does not demonstrate a compensable degree of cardiovascular-renal disease within one year of separation from service.

The Veteran's appeal is being remanded due to his request for a rescheduled hearing. The case will be returned to the Board after the hearing.

The Veteran is seeking an earlier effective date for the grant of TDIU, which was granted in November 2010. The Board finds a need to obtain additional employment and compensation records from March 2009 through September 16, 2010.

The Veteran is seeking service connection for a bilateral hip disability that he believes has resulted from an altered gait caused by his service-connected Freiberg's disease of the left foot. The Board requested and received medical opinions, which concluded that there is no current bilateral hip disability related to the service-connected left foot condition.

The Veteran was diagnosed with chronic lymphocytic leukemia (CLL) on June 17, 2008. He filed a claim for service connection for CLL on June 25, 2008, which is the earliest date of receipt of his claim and thus the effective date assigned by VA.

The Veteran's appeal regarding an earlier effective date for service connection for chronic lymphocytic leukemia has been withdrawn by the representative.

The Veteran's claim for an increased rating for residuals of malaria is being remanded due to the need for a new VA examination and additional relevant VA treatment records.

The Board has determined that the Veteran does not have a lung disease related to service, including exposure to asbestos. The preponderance of evidence is against finding any connection between current lung issues and military service.

The Board has determined that additional development is needed to determine if the Veteran had a pilonidal cystectomy during his military service and whether any current residuals are related to such service. The case will be returned to the AOJ for further action.

The Veteran's appeal is being remanded for additional development, including a VA examination to assess the current severity of her service-connected eosinophilic esophagitis and any related laryngitis.

The Veteran's service connection claim for residuals of a cold weather injury to the bilateral lower extremities is granted as his current disability is attributable to active service.

The Board found that the Veteran is not competent to manage his own funds due to a history of substance abuse, legal problems, and non-compliance with psychiatric medication.

The Board found that the overpayment of Chapter 30 educational assistance benefits in the amount of $5,767.72 was properly created and denied a waiver of recovery due to fault on the Veteran's part.

The Board found that the Veteran does not have residuals of an in-service penile injury and his bilateral lower extremity disability is not related to service. Therefore, service connection for these conditions was denied.

The Veteran's claims for syncope and pelvic disability were denied as there is no current diagnosis of these conditions.,There is no evidence of a current disability in either condition.

The Veteran's cause of death was attributed to cardio-respiratory arrest due to bone cancer, which the Board found not service-connected.

The Veteran's claims for service connection for soft tissue sarcoma, metastatic cancer of the liver, and SMC at the housebound rate were granted effective from February 24, 2014.,However, he is not entitled to an earlier effective date as his conditions are rated as 100% disabling since February 24, 2014.

The Board finds that the Veteran's left eye cataract and epiretinal membrane are not directly related to his service, nor can they be considered secondary to a service-connected condition. As such, the claim for service connection is denied.