Other conditions Board decisions

The Veteran's lumbar spine disability resulted in a combined range of motion greater than 120 degrees but less than 235 degrees prior to April 21, 2008. From April 21, 2008 onwards, the disability resulted in limitation of motion and severe pain during flare-ups. The Veteran also has left lower extremity radiculopathy associated with his lumbar spine disability. There is no evidence that the Veteran was treated for sinusitis in service or had any other in-service event or exposure that caused his current sinus disorder.

The Veteran's appeal is remanded due to the need for a new VA examination by a physician with appropriate expertise, as well as obtaining all outstanding medical records from the Washington VAMC.

The Board has determined that there is new and material evidence to reopen the claim for service connection for residuals of cold exposure, and finds that the Veteran has residuals of in-service cold exposure. Service connection is therefore granted.

The Veteran's claim for service connection for varicose veins in the left leg, claimed as secondary to his service-connected right leg condition, is being remanded due to inadequate medical opinion and need for further examination.

The Veteran's claim for service connection for missing teeth #4, 5, 7, 8, 9, 10, 13, 18, 19, 20, 21, 27, 28, 29 and 30 was granted as new evidence supported reopening of the claim.

The Veteran's claim for service connection for mantle cell lymphoma, non-Hodgkin's lymphoma has been remanded due to the need for clarification of his exposure claims and further development regarding potential service connection based on new evidence.

The Board has determined that the Veteran's lung disorder is not related to his military service and denied his claim for service connection. The initial evaluation for bilateral hearing loss was also denied.

The Board found that the medical services provided at Cary Medical Center were not rendered in a medical emergency of such nature that delay would have been hazardous to life or health, and thus denied the claim for payment.

The Board has determined that a new VA examination is needed to evaluate the Veteran's service-connected ruptured left Achilles tendon, as his claim for an initial compensable rating was partially based on a finding of full range of motion with no evidence of painful motion or functional limitation.

The Board has determined that a remand is necessary to obtain additional medical evidence and to provide the Veteran with an appropriate VA examination. The issue of entitlement to service connection for a bilateral foot disability, including flatfeet and hammertoes, will be reconsidered after this development.

The Veteran's claim for compensation under 38 U.S.C.A. § 1151 was denied because the evidence did not show that his additional disability was caused by VA's negligence or carelessness in providing medical treatment.

The Board denied the Veteran's request for a waiver of recovery of an overpayment of nonservice-connected pension benefits in the amount of $3,102.86 due to fault on the part of the Veteran and lack of undue hardship.

The Board found no evidence of right or left median nerve paralysis in service and denied the Veteran's claims for these conditions.,Service connection was also denied for a low back disorder, as there was no chronic disability related to service. The Veteran did not provide sufficient new and material evidence to reopen this claim.

The Board determined that the Veteran's muscular dystrophy did not pre-exist service and was not aggravated by military service, leading to a denial of his claim for service connection.

The Veteran's claim for service connection for chronic lymphocytic leukemia, including as due to herbicide exposure in service, is denied. The evidence does not confirm the Veteran had service or other duty/visitation in Vietnam and there is no credible evidence of Agent Orange exposure during service.

The VA denied the appellant's claim for a one-time payment from the Filipino Veterans Equity Compensation Fund due to lack of service as a member of the Philippine Commonwealth Army, including recognized guerrillas, in the service of the U.S. Armed Forces during World War II.

The Veteran claims that his additional left eye disability was caused by VA treatment. The Board finds a need for further development, including obtaining medical records and scheduling an examination to determine if the Veteran's current left eye disability is related to VA treatment.

The Board has ordered the appellant to provide additional medical records and requested a new VA opinion. The case is now remanded for further development.

The Board has determined that the Veteran's chronic interstitial lung disease, which is presumed to be due to asbestos exposure during his service, contributed substantially or materially to his death. As a result, the claim for service connection for the cause of the Veteran's death is granted.

The Board has determined that additional case development is required, including locating missing documents and reviewing new evidence added to the record since the SOC was issued in January 2011. The appellant's claim of entitlement to waiver of recovery of VA death pension payments in the amount of $12,418.00 will be readjudicated.