Other conditions decisions — 2018

The Board found that the Veteran's squamous cell carcinoma of the floor of the mouth was not clearly erroneous and granted service connection on a direct basis, thus denying severance.

The Veteran is seeking service connection for stroke residuals, including right side paralysis and speech impairment, which he claims are due to radiation exposure and secondary to his service-connected frostbite residuals. The Board has decided to remand the case for further development.

The Board has ordered a remand to obtain additional medical opinions regarding the Veteran's service-connected post nasal septoplasty and his claimed loss of smell. The claims are being returned for further development.

The Veteran's claim for service connection for a hearing disability is being remanded due to the need for additional development and clarification of the relationship between his current hearing loss and his period of active service.

The Board denied the Veteran's claims for increased ratings for his service-connected low back disability, finding that the evidence did not support a higher rating at any point.

The Board found the Veteran's request for waiver of recovery of overpayment of VA disability compensation benefits in the amount of $27,858.57 was considered timely due to a failure by VA to notify him of his rights and obligations regarding the debt.

The Veteran's basal cell carcinoma was not incurred in or aggravated by service, and may not be presumed to have been incurred therein. The Board found no connection between the disability and military service.

The Veteran's pulmonary embolism is not service-connected as a result of exposure to environmental hazards in the Gulf War or due to an undiagnosed illness. The VA examiner concluded that there was no clear and specific link between the Veteran's current lung/pulmonary/respiratory disorder and his active service.

The Board denied the Veteran's request for waiver of overpayment of VA nonservice-connected pension benefits in the amount of $15,560 due to lack of evidence showing timely filing and finding that collection would not violate equity and good conscience.

The Board has denied the Veteran's claim for service connection for fatigue, including as due to undiagnosed illness or chronic fatigue syndrome. The evidence does not support a finding of a current disability at any point during the appeal period.

The Veteran does not have a current acquired psychiatric disorder, other than uncomplicated bereavement. The claim for service connection is denied.

The Veteran's claims for increased ratings were denied as the evidence did not meet the criteria for higher disability ratings under applicable VA rating criteria.

The Board found that the Veteran's cause of death, metastatic non-small cell lung carcinoma, was not caused or aggravated by his in-service asbestos exposure. The preponderance of evidence supports a finding that the cancer did not manifest during service and is not related to service-connected conditions.

The Board has determined that the Veteran's pituitary adenoma did not have its clinical onset in service or within one year of separation, and is not otherwise related to active duty. As such, the claim for service connection for residuals of pituitary adenoma is denied.

The Board finds that the Veteran's claimed skin disorder, rashes and hives, is not shown to be causally or etiologically related to any disease, injury, or incident in service, including as secondary to a service-connected psychiatric disability. As such, service connection for this condition cannot be established.

The Board denied the claim for accrued benefits as there were no funds available from which to reimburse the surviving spouse's last sickness and burial due to the timing of the DIC benefit award and the date of death.

The Board found that the Veteran's current skin conditions are not causally related to his presumed exposure to Agent Orange in Vietnam, and therefore denied service connection for these disabilities.

The Board has found that the Veteran's lung disorder did not originate in service and is not otherwise etiologically related to his active service. The claim for residuals of a right hand injury was previously addressed, while the prostate disability claim remains pending due to insufficient evidence regarding exposure to ionizing radiation.

The appeal is being remanded for additional development as part of the Veteran's application for a grant under the Home Improvement and Structural Alterations (HISA) program.

The Veteran's appeal is being remanded for additional development including obtaining VA treatment records and scheduling an updated examination to assess the current severity of his service-connected residuals of right hemithorax.