Other conditions decisions — 2008

The Board has determined that the veteran is no longer eligible for education benefits under REAP because he left the Selected Reserve and entered the Individual Ready Reserve (IRR). The claim must be denied as a matter of law.

The Board has remanded the case for further development, including a VA examination to determine the nature and etiology of any gastro-intestinal disability, with consideration of whether it is at least as likely as not that such condition had its onset during active service or is related to active service.

The Board has denied the veteran's claims for increased ratings for Achilles tendonitis of his right and left feet, finding that the evidence does not support a higher rating based on the severity of the disability.

The Board found that the veteran's right lower extremity neurologic symptoms were not caused or aggravated by his service-connected low back disability, did not have onset during active service, and is not otherwise related to his active service.

The Board has ordered a remand for the appellant's claim of entitlement to service connection for the cause of the veteran's death, and also for the issue of entitlement to service connection for bladder cancer, to include as due to exposure to Agent Orange, for accrued benefits purposes. The RO is instructed to provide proper notice in accordance with Hupp v. Nicholson and 38 C.F.R. § 19.31, and then adjudicate these claims.

The Board found that there was no confirmed diagnosis of rectal and colon cancer, nor any other disability presumed to be due to exposure to ionizing radiation. The evidence did not show a link between the claimed disabilities and exposure to ionizing radiation.

The Board found that the veteran's lung disorder is not related to his active service, and thus denied his claim for service connection.

The veteran is seeking compensation under the 38 U.S.C.A. § 1151 for refractory anemia, which allegedly resulted from radiation treatment at a VA medical facility in January 2006. The claim must be remanded to ensure compliance with the new version of 38 C.F.R. § 3.361 and obtain recent VA outpatient records.

The Board has denied the appellant's claim for basic eligibility of a surviving spouse for VA home loan guaranty benefits because service connection for the cause of the veteran's death is not warranted.

The Board denied the veteran's claim for service connection for lymphocytopenia and/or leucopenia, which he claimed was due to exposure to ionizing radiation. The Board found that his previous condition of lymphocytopenia and/or leucopenia is not etiologically related to exposure to ionizing radiation in service.

The Board has ordered a remand due to the need for additional medical examination and review of records, including mental health records from service. The veteran's claim will be reconsidered after this is done.

The Board has determined that the VA properly apportioned the veteran's pension benefits to the claimant as custodian of his child, A., in the amount of $200 per month.

The Board found no evidence of testicular cancer during the veteran's service and denied his claim for service connection, concluding that there is not sufficient objective evidence to support a finding that his condition became manifest or originated during his military service.

The veteran seeks service connection for mitral valve prolapse, which he claims is related to his in-service symptoms. The Board finds that further development is necessary due to the lack of a nexus opinion linking the current condition to military service.

The appellant is not recognized as the surviving spouse of the veteran for VA death benefits due to her divorce at the time of his death and lack of continuous cohabitation.

The Board has determined that the veteran's claims for earlier effective dates are denied as there is no factual basis to support such a claim within one year prior to the date of receipt of his increased rating claim.

The Board has determined that the veteran's laryngeal cancer, which was diagnosed and treated during his lifetime, contributed substantially or materially to his death. As a result of this finding, service connection for the cause of the veteran's death is granted.

The Board has determined that the veteran's Non-Hodgkin's Lymphoma is causally related to exposure to benzene and trichloroethylene (TCE) during his service, leading to a grant of service connection.

The veteran's service-connected hiatal hernia and esophagitis with Barrett's esophagus are currently rated at 10 percent, but the VA has determined that a higher 30 percent evaluation is warranted based on persistent symptoms of epigastric distress, dysphagia, pyrosis, regurgitation, and substernal or arm/shoulder pain.

The Board has determined that the overpayment debt based on additional compensation for a school attending child prior to May 4, 2004 was not properly created. The veteran's claim is remanded for further development regarding any overpayment of additional benefits for a child prior to May 4, 2004.