Other conditions decisions — 2011

The Board found that the Veteran's cause of death, metastatic adenocarcinoma of the stomach and esophagogastric junction, was not caused or contributed to by a service-connected condition. The primary site could have been either esophageal or gastric, but it is unclear from the records provided.

The Veteran's claim for an increased rating for his service-connected left eye disorder is being remanded due to the need for a new VA examination to assess the current severity of his condition.

The Veteran's death was attributed to bilateral pneumonia and small bowel obstruction, both of which are considered direct service connection cases. The Board found no evidence linking these conditions to the Veteran's time in service or a service-connected disability.

The Board denied reopening of the claim for VA disability benefits as no new and material evidence was received to support the appellant's service connection claims.

The Veteran's claim for service connection for a colon disorder, claimed as colon cancer, was denied because the competent medical evidence did not support a finding that his current condition is related to his military service.

The Veteran's service-connected PTSD is rated at 100 percent by schedular evaluation and the Veteran is therefore authorized any needed dental treatment. The effective date for this award of service connection for PTSD is April 29, 2005.

The Veteran's appeal is remanded due to the need for additional development, including obtaining medical records and conducting examinations. The issues of TDIU and increased ratings for right hand, right shoulder, and left wrist disabilities are inextricably intertwined with his claim.

The Board denied the Appellant's claim for an earlier effective date for apportionment of her husband's VA benefits, finding that the April 2005 rating decision denying the original claim was final and binding on the merits. The Appellant did not appeal this decision within one year.

The Veteran's HIV was incurred in service, and he is granted service connection for this condition. The issue of secondary service connection for Hodgkin's lymphoma remains pending.

The Veteran's appeal was dismissed because he died during the pendency of his appeal, and thus the Board has no jurisdiction to adjudicate the merits of this case.

The Board denied the Veteran's claim as his 2005 unreimbursed medical expense report was not submitted in a timely manner, after January 1, 2007.

The Board has determined that the Veteran's arthritis of the great toe joints is related to his active military service and grants service connection for this condition.

The Veteran's claim for service connection for a skin disorder was reopened and granted. Service connection was also established for left epididymitis, but the Veteran does not have chronic disabling residuals of this condition. Bilateral hearing loss was granted with an initial noncompensable rating.

The Board has granted the Veteran's request for a waiver of overpayment, finding that the debt was validly created and that repayment would result in undue hardship.

The Veteran's claims for educational assistance benefits under various chapters of Title 38 and Title 10 were denied due to ineligibility based on the Department of Defense (DoD) determinations.

The Veteran's appeal is being remanded for a VA examination to determine the current severity of his foot drop, right lower extremity condition.

The Veteran's death was caused by cardio-respiratory arrest, with underlying causes of COPD (chronic obstructive pulmonary disease), tobacco disorder, and CAD (coronary artery disease). The appellant contends that his service-connected lumbar spine and hip disabilities contributed to the cause of death.

The Veteran's appeal is denied as she does not meet the eligibility criteria for educational assistance under Chapter 30, Title 38, United States Code.

The Veteran's claim of service connection for a right thigh disability is being remanded due to the need for additional examination and opinion regarding the etiology of his condition.

The Veteran's acquired psychiatric disability, including depression, was not incurred in or aggravated by his active duty service. The Board found that the Veteran has a personality disorder and substance abuse disorder which are not compensable under VA law.