Other conditions decisions — 2011

The Veteran's service-connected residuals of gunshot wound to the spinal muscles have not met the criteria for a higher initial evaluation.

The Board has determined that the Veteran's claimed bladder disorder, chest pain, exposure to a microscopic virus, general malaise, and left foot strain are not related to his military service.

The Veteran and the appellant were married in August 1996. The Veteran was arrested for aggravated battery (domestic violence) against the appellant, pleaded no contest to a charge of aggravated battery in November 1997, and was sentenced to prison. They separated due to the Veteran's misconduct without fault on the part of the appellant. The appellant is recognized as the surviving spouse for VA benefits.

The Board has reopened the Veteran's claim for service connection for residuals of colon cancer due to asbestos exposure. The evidence now shows that the Veteran was exposed to asbestos during his military service and that his current colon cancer is likely related to this exposure.

The Board has reopened the claim of service connection for a left great toe disorder and granted it, finding that new evidence supports the reopening of the claim.

The Veteran's claim for nonservice-connected pension benefits was granted with an effective date of December 13, 2007. The Board found that the earlier submission by a veterans service organization did not meet VA requirements and thus denied an earlier effective date.

The Board found that the Veteran's right foot hallux valgus was not caused or aggravated by his service-connected residuals of a left foot injury. The Board also determined that the preponderance of evidence did not support a higher rating for the Veteran's service-connected left foot injury residuals.

The case is being remanded to the RO for additional development, including providing KAJ with a copy of relevant information and giving her an opportunity to respond. The appellant will be provided another opportunity to submit evidence showing she is the legal surviving spouse of the Veteran.

The Board has determined that new and material evidence has not been presented to reopen the claim for service connection for fixation of pupil and probable retro bulbar or optic neuritis of the left eye, as the Veteran's statements are essentially cumulative.

The Board has determined that further development is needed to determine the cause of the Veteran's death and whether his service-connected PTSD contributed to it.

The Board is reopening the claim for service connection for a respiratory disorder on the basis of new and material evidence. The original denial was based on lack of current disability, but additional evidence now suggests a possible link to Agent Orange exposure.

The Veteran's service in the Republic of Vietnam is not established, and there is no evidence of exposure to Agent Orange or other qualifying conditions. The claim for benefits under 38 U.S.C.A. § 1805 for a child born with spina bifida is denied.

The Veteran's claim for an initial compensable rating for left gastrocnemius muscle strain is being remanded due to insufficient examination and the possibility of worsening symptoms.

The Veteran is granted entitlement to payment or reimbursement for the costs of private medical expenses incurred at a non-VA medical facility on July 24, 2004 due to an emergency condition that was not promptly addressed by VA facilities.

The Veteran died of a non-service-connected cause and was not receiving VA compensation or pension benefits at the time of his death. Therefore, he is ineligible for nonservice-connected burial benefits.

The Board has reopened the Veteran's claim of service connection for a right hand disorder due to new and material evidence submitted since the last final denial. The claim is now remanded for further development, including a VA examination.

The Veteran seeks service connection for a liver disorder, which he claims is related to his service-connected bilateral patellar tracking disease. The VA has not provided an adequate medical opinion regarding the relationship between the liver disorder and either active duty or a service-connected knee disorder.

The Veteran's neuro-endocrine cancer is found to be service-connected on an accrued basis, and the cause of death is also found to be service-connected.,Eligibility for Dependents' Educational Assistance under Chapter 35 has been established.

The Veteran's appeal is denied as he does not meet the eligibility requirements for Montgomery GI Bill education benefits under Chapter 30 due to insufficient service.

The Veteran's gout results in definite, but not severe, impairment of health and functioning. The Board finds a 40 percent rating is warranted for the Veteran's gout.