Other conditions decisions — 2011

The Board has remanded the case due to the need for a VA examination and additional development of evidence regarding the Veteran's left shoulder disability.

The Board has granted a higher rating of 30 percent for the Veteran's diverticulum of duodenum with hiatal hernia, finding that his condition results in persistently-recurrent epigastric distress with pyrosis and regurgitation, accompanied by substernal pain. The right inguinal hernia is rated as compensable.

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

The Board found that the appellant is not recognized as the Veteran's surviving spouse for VA benefit purposes, including death pension and DIC benefits.

The Veteran's claim for service connection for a right lobe condition, to include a pulmonary condition and collapsed lung is being remanded due to the need for proper VCAA notice.

The Board denied the appellant's claim for recognition as the legal surviving spouse of the deceased Veteran for purposes of establishing entitlement to Dependency and Indemnity Compensation (DIC) benefits, finding that her common-law marriage was invalid due to the pre-existing legally valid marriage between the Veteran and his previous spouse.

The Board found that the cause of the Veteran's death, glioblastoma multiforma, was not related to his service, including any inservice radiation exposure. The medical evidence did not support a finding that the brain cancer had its onset in service or was caused by such exposure.

The appeal is being remanded due to a pending request for a videoconference hearing. The Veteran's eligibility for educational assistance benefits under the Post-9/11 GI Bill remains unresolved.

The Board has reopened the claim of service connection for right knee chondromalacia patella and granted a grant of service connection based on it being related to his left knee disability. The Veteran's arthritis with chondromalacia patellae in the left knee is rated at 0 percent, while instability of the left knee is rated at 0 percent.

The Board has determined that the Veteran is not eligible for REAP educational benefits due to a determination by the Department of Defense (DoD) and VA cannot grant these benefits as they are bound by DoD's determinations.

The Veteran's right thigh neurological disorder is related to his service-connected lumbar spine disability. His genitourinary disorder, diagnosed as urethra cancer, is presumed to have been incurred in service.

The Veteran seeks service connection for a leg disorder, other than osteoarthritis of the knee. The Board has remanded the case to obtain additional medical evidence and determine whether any diagnosed right leg disorder is related to her service-connected anemia and/or arrhythmia with suspected premature ventricular contractions and hypertensive heart disease.

The Board has determined that the Veteran does not have a current right leg disability that is related to service, and therefore denied his claim for service connection.

The VA Medical Center denied payment or reimbursement for unauthorized medical expenses provided by Massena Memorial Hospital from March 21 to 23, 2009. The Veteran's claim is being remanded due to the need for further review and consideration of the June 2010 statement submitted by a physician.

The Board has determined that the Veteran's death was caused by his adenocarcinoma of the stomach, which is presumed to be related to his military service due to herbicide exposure. The claim for service connection for the cause of death is granted.

The Board has remanded the case to the RO for further development, including a review of the claims file by a VA examiner and consideration of all evidence added since the last decision.

The Veteran's claim for osteoporosis, which is claimed as secondary to service-connected type II diabetes mellitus, has been remanded due to the need for additional development and an updated medical opinion regarding whether his osteoporosis is related to his diabetes.

The appellant's husband had no qualifying service and therefore does not meet the basic eligibility criteria for establishing entitlement to the one-time payment from the Filipino Veterans Equity Compensation Fund.

The Board found that the Veteran's cardiovascular disease, including bilateral carotid artery disease, did not originate in service or within one year thereafter and is not related to any incident of service. However, the weight of the positive and negative evidence was in equipoise as to whether the Veteran's cardiovascular disease, including bilateral carotid artery disease, is due to or caused by his service-connected PTSD.

The Veteran's period of active service is counted for purposes of repayment of an education loan, making her ineligible for benefits under the Post 9/11 GI Bill.