Other conditions decisions — 2011

The Veteran's rectal abscess/fistula has been rated at 30 percent since August 9, 2010. The Board found that the condition warranted a higher rating based on occasional involuntary bowel movements and use of pads.

The Veteran's esophageal disability is not considered to be caused by VA treatment, and therefore compensation under 38 U.S.C.A. § 1151 is denied.

The Board denied the Veteran's claims for compensation under 38 U.S.C. § 1151 for nerve damage and removal of testicles, finding that there was no evidence to support a conclusion that additional disability resulted from carelessness, negligence, or lack of proper skill on the part of VA in providing medical treatment.

The Board found no credible evidence of the Veteran losing his teeth due to a shrapnel wound during service, and thus denied the claim for service connection.

The Board found no credible evidence of any neck injury or disease in service and denied the Veteran's claim for service connection for a neck condition.

The Veteran's appeal was dismissed due to the death of the appellant, and thus the Board has no jurisdiction to adjudicate the merits of this claim.

The Board has determined that the Veteran's current gastric ulcer was not incurred or aggravated by his active service and is not related to any in-service event, injury, or disease. The claim for service connection is denied.

The Board has ordered additional development to obtain relevant medical records, including those from private providers and VA facilities. The appellant's claim for service connection for the cause of her husband's death is on remand.

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

The Board has remanded the case for additional development, including obtaining service records and private treatment records. The appellant's claims for service connection will be readjudicated after these actions.

The Board denied the appellant's claim for recognition as the surviving spouse of the Veteran, finding that they did not form a valid marriage under Florida law and VA regulations. The appellant was therefore not eligible for VA DIC, death pension, or accrued benefits.

The Board has determined that the appellant is not entitled to VA death pension benefits due to excessive income. The case is REMANDED for further development regarding medical expenses.

The Board has determined that the appellant was not permanently incapable of self-support at age 18, and thus is not considered a child for DIC benefits.

The Veteran's appeal is remanded due to the need for a hearing before a Veterans Law Judge at her new state RO. The issue remains unresolved regarding an earlier effective date for adding her spouse as a dependent to her disability award.

The Board has determined that the overpayment of compensation benefits was improperly created and is remanding the case for further development to determine if the Veteran contributed reasonably to his spouse's support.

The Board has determined that the Veteran incurred a left inguinal hernia during active duty for training and granted service connection for this condition.

The Veteran withdrew his appeal regarding the claims for service connection for nerve damage to both hands and fingers.

The Veteran's claim for service connection for fatigue and general malaise, claimed as due to an undiagnosed illness, is being remanded for further development.

The Board finds that the Veteran's fatal left parietal glioblastoma multiforme was caused by his presumed in-service exposure to Agent Orange during his Vietnam service, and thus grants service connection for the cause of the Veteran's death.

The Board denied the appellant's request to reopen her previously denied claim of entitlement to recognition as the surviving spouse of the Veteran for VA death benefits, finding that there was no valid marriage and continuous cohabitation between them.