Other conditions decisions — 2010

The Board has determined that the Veteran's death was caused by head and neck cancer, which is presumed to have been caused by his exposure to Agent Orange during service. As a result, the claim for service connection for the cause of death is granted.

The Veteran's ulcerative colitis was exacerbated by medications prescribed by VA for his gout, leading to a hospitalization and requiring long-term treatment. The Board is remanding the case for further examination to determine if there are any additional disabilities resulting from this exacerbation.

The appeal is being remanded to the RO for further action, including scheduling a Board hearing via video conference.

The Veteran's death was caused by multiple organ failure, due to cardioembolism, atrial fibrillation with right hemiplegia and cerebrovascular disease. The cause of these conditions is not related to service.

The Veteran's death was due to a service-connected disability, but the appellant did not meet the eligibility criteria for Dependents' Educational Assistance (DEA) benefits under Chapter 35, Title 38, United States Code as he served on active duty prior to reaching 'eligible person' status.

The Veteran's service-connected mood disorder with depressive features is productive of occupational and social impairment with deficiencies in most areas, such as work, family relations, judgment, thinking, or mood. The Board has granted a 70 percent rating for this condition.

The Veteran's unauthorized medical expenses incurred at Florida Clinical Practice from January 9, 2008 through May 7, 2008 are denied because the treatment was not rendered in a medical emergency of such nature that delay would have been hazardous to life or health.

The appellant's application for enrollment in the VA healthcare system was denied as he did not meet the eligibility criteria, including having a service-connected disability or low income status.

The Board has ordered a remand to determine if separate ratings can be assigned for Muscle Group XI and Muscle Group XII disabilities, given the complexity of the medical issues involved.

The Board dismissed the appeal due to the appellant's withdrawal of the appeal.

The Board has granted initial 20 percent ratings for residuals of cold injury affecting both upper extremities, effective from the date service connection was established.

The Veteran's appeal is being remanded for a videoconference hearing at the RO.

The Board has reopened the appellant's claim for service connection for the cause of her father's death due to new and material evidence. The Veteran was exposed to ionizing radiation in Hiroshima during World War II, but there is no direct evidence linking his colon cancer to this exposure.

The Veteran's claim for an increased rating for residuals of a fractured right humerus was denied by the Board. The current effective date is not specified.

The Board denied the appellant's claims for service connection for the cause of her husband's death and entitlement to Dependents' Educational Assistance under 38 U.S.C.A., Chapter 35. The Veteran died from squamous cell carcinoma of the esophagus, which was not shown to be related to his military service or herbicide exposure.

The Board denied the Veteran's petition to reopen his claim for service connection for bilateral pes valgoplanus, finding that no new and material evidence had been received since the last final denial in September 2003.

The Veteran's respiratory disability, primarily diagnosed as chronic obstructive pulmonary disease (COPD), is not considered to be related to his service. The Board finds that the preponderance of evidence shows that any bronchiectasis and pneumonia in service were resolved without residual disability.

The Board has granted an extension of the delimiting date for educational assistance benefits under Chapter 35, Title 38, United States Code to March 30, 2005, but no further.

The VA determined that the Veteran's current esophageal disability, including shortness of breath and muscle weakness, is not related to his military service or herbicide exposure. The Board found insufficient evidence to establish a connection between the Veteran's esophageal cancer and his in-service exposure to Agent Orange.

The Veteran's appeal is being remanded for additional development, including obtaining SSA decision and records, and preparing a Supplemental Statement of the Case (SSOC).