Other conditions decisions — 2012

The Veteran's service-connected post gastrectomy syndrome is characterized by heartburn, diarrhea, stomach and intestinal discomfort, nausea, dumping syndrome, osteopenia, weight loss, malabsorption syndrome, and iron deficiency. The Board finds that the criteria for a 60 percent evaluation have been met.

The Board has remanded the Veteran's claims for increased ratings for superficial squamous cell carcinoma of the scalp and basal cell carcinoma of the face, as well as laryngitis. The case is now pending with the RO for further action.

The Board found no evidence of a current disability manifested by tremors that was incurred or aggravated during military service, and denied the claim for service connection.

The Veteran's skin rashes and cysts, as well as his stomach disorder, were not shown to be related to service. The Board found no evidence of herbicide exposure during service.

The Board has remanded the case for further development and an examination to determine the etiology of any psychiatric condition found, including whether it is at least as likely as not related to service or a service-connected disability.

The Veteran's claim for reimbursement of unauthorized medical expenses incurred at a non-VA facility was denied because he had other health coverage (Medicare) and did not meet the eligibility criteria under 38 U.S.C.A. § 1725.

The Board has dismissed the appeal due to a withdrawal request by the appellant.

The Board has granted service connection for a right inguinal hernia and assigned a 10 percent rating. The claim for higher evaluations of the other conditions remains pending.

The Veteran's ulcerative colitis with anemia leading to gallbladder removal is rated at the highest possible rating of 100 percent due to its severe and unresponsive nature.

The Board found that the appellant and the Veteran were not married prior to the Veteran's death, thus denying her eligibility as a surviving spouse for VA benefits.

The Veteran's former stepchild is not considered a child of the Veteran due to their separation, and thus he is not eligible for an apportionment of the Veteran's disability compensation benefits.

The Veteran's claim for SMC is being remanded due to the need for additional development, including obtaining an opinion regarding whether his cognitive disorder and cardiac disability are related to service-connected PTSD.

The Veteran's service-connected bilateral hip disabilities have been evaluated as chronic strains and do not meet the criteria for higher ratings based on current symptomatology. The VA examinations did not show any significant limitation of motion or other disabling conditions.

The Veteran withdrew his appeal for service connection for lung nodules.

The Board has reopened the Veteran's claim for service connection for bilateral spondylosis and spondylothesis of L5-S1, but further development is needed before the issue can be addressed on its merits.

The Board has reopened the appellant's claim of service connection for the cause of the Veteran's death due to new evidence showing exposure to herbicide agents during military service in Vietnam. The claim is granted.

The Board found that the Veteran's cause of death, Acute Myelogenous Leukemia (AML) due to or as a consequence of myelodysplastic syndrome, was not caused by or aggravated by service-connected conditions.

The Board found that the overpayment of compensation benefits for a dependent spouse was validly created and denied the Veteran's claim for waiver of recovery.

The Veteran does not have a left heel disability that is attributable to his military service and the claim for service connection is denied.

The Board has granted service connection for the residuals of right and left lower extremity cold injuries, finding that the Veteran's current diagnoses are related to his in-service exposure to cold weather conditions.