Other conditions Board decisions

The Board has determined that the Veteran's bilateral eye disorders are not related to his military service and therefore denied his claim for service connection.

The Veteran died from cardiac arrest, but there is no evidence that his death was related to service or a service-connected disability. The appellant's claim for DIC under 38 U.S.C.A. § 1318 is also denied as the Veteran did not meet the criteria for entitlement to receive total disability compensation.

The Veteran's claim for an increased evaluation for his service-connected gunshot wound residuals of the thoracic spine is being remanded due to the need for additional development, including a new VA examination and obtaining relevant medical records.

The Veteran's left ear otitis media is rated at 10 percent from November 7, 2008. The rating for sinusitis has been granted and is set at 30 percent. There is no compensable rating assigned for the Veteran's left ear hearing loss.

The Board has determined that the Veteran does not have a current diagnosis of a toenail condition of the bilateral great toes and therefore, service connection for this condition is denied.

The Veteran's claim for an increased evaluation for residuals of a fracture of the left clavicle was denied. However, service connection for degenerative joint disease of the left acromioclavicular joint with impingement syndrome secondary to his service-connected disability was granted and assigned a 10 percent rating.

The Veteran's claim for service connection for a left leg disability manifested by numbness is being remanded due to the need for an appropriate VA examination and consideration of his combat service.

The Veteran's claim for an earlier effective date for service connection of residuals of squamous cell carcinoma of the right vocal cord was denied as his claim was received more than one year after separation from active duty.

The Board found that the appellant did not submit a timely substantive appeal from the June 2004 rating decision denying service connection for the cause of the Veteran's death and DIC benefits under 38 U.S.C.A. § 1318, and thus her claim is denied. The VA treatment provided to the Veteran was found not to meet the criteria for a 38 U.S.C.A. § 1151 claim due to lack of evidence showing that the additional disability resulted from carelessness, negligence, or similar fault on VA's part.

The case is being remanded due to procedural issues related to contested claims procedures. The appellant and the Veteran need to be notified of their rights and given an opportunity for a hearing.

The Board has granted a 20 percent rating for the Veteran's service-connected thoracic spine disorder, effective September 24, 2009.

The Board has determined that a remand is necessary to obtain additional medical records, conduct further examinations and provide the Veteran with an opinion regarding his claimed heart condition and back conditions.

The Board has remanded the case for further development, including obtaining medical records and scheduling a VA examination to determine if the Veteran's skin disorder is related to his service in the Persian Gulf War. The claim will be readjudicated based on this additional evidence.

The Board has decided to remand the case for additional development and readjudication, including consideration of new financial information provided by the appellant and any supporting documentation of medical expenses incurred on behalf of her children.

The Veteran's death was caused by colon cancer, which is not service-connected. However, his non-Hodgkin's lymphoma, a condition he served in Vietnam and for which there is presumptive service connection, contributed to his death.

The Board has decided to remand the case for additional development, including obtaining medical records and scheduling a VA examination.

The Board found that the Veteran was a fugitive felon from May 29, 2007 to September 29, 2008 and that his compensation benefits were retroactively terminated due to this status. The Board determined that the creation of a debt in the amount of $43,949.77 was proper based on these facts.

The Board denied the Veteran's claim for service connection for porphyria cutanea tarda, finding that new and material evidence had not been submitted to reopen the previously denied claim.

The Veteran's Crohn's disease is manifested by numerous attacks per year and only fair health during periods of remission, warranting a 60 percent disability rating.

The Veteran's claim for service connection for breast cancer, to include as secondary to herbicide exposure, was denied because there is no competent evidence linking the condition to her military service.