Other conditions decisions — 2018

The Board has denied the Veteran's claim for service connection for an acquired psychiatric disorder, including inadequate personality disorder, depressive disorder with psychotic symptoms, schizoid personality disorder, mood disorder NOS and personality disorder NOS. The Board found that these conditions are not diseases or injuries subject to service connection.

The Board found no evidence of a breathing disability or myalgia of the upper body that is service-connected, either directly or secondary to service-connected conditions.

The Veteran's colon cancer with metastasis to the lung and brain did not result from or permanently increase in severity as a result of an event not reasonably foreseeable, and his condition was caused by carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of VA.

The Veteran withdrew their appeal prior to the Board making a decision.

The Board has determined that the Veteran's chronic prostate condition, including benign prostate hypertrophy, is not related to service or any service-connected conditions. The claim for service connection is denied.

The Veteran's service-connected status post cold injury, right foot and left foot disabilities do not warrant a higher rating on an extra-scheduler basis.,The Veteran is granted TDIU based on his service-connected disabilities.

The Board has remanded the case for additional development, including an increased rating for PPSRLE and a determination of whether the Veteran is unemployable due to his service-connected disabilities.

The Board denied the claim for additional Dependency and Indemnity Compensation benefits for two adopted children, L.M. and W.M., due to the adoption decree being outside of the 2-year regulatory period after the Veteran's death.

The Board determined that the Veteran and the appellant were divorced at the time of the Veteran's death, and thus denied the appellant's claim for recognition as his surviving spouse.

The Board has determined that the Veteran's acute myelocytic leukemia is due to in-service chemical exposure, specifically carbon tetrachloride, benzene, and trichloroethylene. As such, service connection for this condition is granted.

The Board has determined that the Veteran's chronic disability manifested by chest pain with muscle spasms is service-connected, as it was present during his period of active duty and is more likely than not musculoskeletal in origin.

The Veteran's left eye iritis has been rated noncompensably disabling since service connection was established. The Board notes that the applicable rating criteria for eye disabilities were amended effective December 10, 2008, and now iritis is evaluated based on either visual impairment or incapacitating episodes.

The Board has determined that the Veteran's Restless Leg Syndrome (RLS) is related to his period of active service, including symptoms first noted during service. As a result, the claim for service connection for RLS is granted.

The Board denied the appellant's request to reopen his claim of whether his character of discharge from service constitutes a bar to VA benefits, finding that new and material evidence had not been received.

The Board has determined that the Veteran's lung disability, manifested by FEV-1 or FEV-1/FVC readings of 40 to 55 percent predicted or DLCO (SB) of 40 to 55 percent predicted, more nearly approximates a 60 percent rating.

The Board has determined that the Veteran's current Barrett's disease is not related to his service, whether through presumed herbicide exposure or otherwise. The claim for service connection is denied.

The Board has determined that the Veteran's right femur fracture residuals are not related to his service, and thus denied the claim for service connection.

The Veteran's claim for a higher rating for his service-connected right index and middle finger disability has been denied by the Board of Veterans' Appeals. The evidence does not support an increase in the disability rating beyond 20 percent.

The Veteran's claim for non-service-connected disability pension benefits was denied as he did not serve during a period of war and therefore, is not eligible for the benefit.

The Board has determined that the electronic claims file is incomplete and requires additional development, including locating missing documents such as the June 4, 2012 VA Form 21-534 Application for DIC, Death Pension, and Accrued Benefits, the June 4, 2012 VA Form 21-530 Application for Burial Benefits, a Letter from Zachary A. Gavriel received June 4, 2012, and a VA Form 21-4138 Statement in Support of Claim received June 4, 2012.