Other conditions decisions — 2013

The Veteran's claim is being remanded due to the need for an expert opinion regarding the appropriate diagnostic code to use in evaluating her service-connected neurocardiac syncope.

The Board determined that the appellant's dishonorable discharge from service constitutes a bar to VA benefits, and thus denied his claim.

The VA compensation examiner determined that there is no competent and credible evidence linking the Veteran's lung granulomas to his military service, including exposure to asbestos or other toxins.

The Veteran's service-connected erythema multiforme has been rated at 60 percent since June 8, 2012. The Board finds that the disability picture more nearly approximates a 60 percent rating for the entire appeal period.

The appellant's husband, who served with the Soviet Army during World War II, is not eligible for burial in a VA national cemetery because he became a U.S. citizen after his military service ended.

The Board has ordered a remand to determine if the appellant was properly enrolled with VA for healthcare purposes and received treatment within the 24-month period preceding July 4, 2011. The appeal will be reconsidered after this information is obtained.

The Board has determined that the Veteran's current skin disorder, including basal cell carcinoma, is likely due to a mole treated during service. Therefore, the claim for service connection is granted.

The Board finds that the evidence is at least in equipoise as to whether the Veteran's current left eye disability, including a retinal detachment and macular hole, is related to his service injury. As such, the claim for service connection for residuals of a left eye injury is granted.

The Veteran's claim for a higher evaluation for his left big toe fracture was granted, but he is not entitled to any compensable rating. For the hip issues, he received an increased evaluation from 30% to 50% effective September 3, 2013.

The Veteran's skin disability, including actinic keratosis, is being remanded for additional development and examination to determine its likely etiology.

The Board has remanded the case for further development, including an addendum opinion from a VA examiner to determine if the Veteran has any current left leg disability and whether it is at least as likely as not that any such disability had its onset during his period of active duty service.

The appellant is awarded one-fourth of the remaining accrued benefits due and owed to his father at his death, which includes reimbursement for the costs of his last illness.

The Veteran's son, M.T.D., was awarded $10,859 out of VA benefits due and owing the Veteran at his death as reimbursement for the costs of the Veteran's funeral. The appellant and his siblings also paid for the Veteran's last illness at an assisted living facility. The Board found that the appellant is entitled to one-fourth of the remaining accrued benefits due and owed to the Veteran, with the other three-fourths being paid to his siblings.

The Board has determined that the appellant is entitled to one-fourth of the remaining accrued benefits due and owed to the Veteran at his death, specifically for the costs he paid for the Veteran's last illness.

The Board has remanded the case for issuance of a supplemental statement of the case due to new evidence received since October 2008. The appellant's claim is related to her daughter's eligibility for DEA Chapter 35 benefits.

The Board denied the Veteran's claim for service connection for loss of teeth for VA compensation purposes, finding that the evidence did not demonstrate bone loss of the maxilla or mandible due to trauma or disease such as osteomyelitis.

The Board found that the Veteran's right leg fracture was not caused by VA care or treatment, and therefore denied his claim for compensation under 38 U.S.C.A. § 1151.

The Veteran's leukocytoclastic vasculitis was diagnosed during service and is presumed to have been incurred therein. The Board granted service connection due to the Veteran's competent report of post-service symptoms and the November 2008 retirement examination indicating ongoing intermittent flare-ups.

The Veteran's claim for service connection for a throat condition, including severe laryngitis with hemorrhagic nodules on vocal cords, is being remanded due to the need for additional development and an examination.

The Board denied the appellant's claim for recognition as the surviving spouse of the Veteran for purposes of VA death benefits due to a lack of valid marriage prior to his death.