Other conditions decisions — 2013

The Board has determined that the appellant meets the criteria to be recognized as the surviving spouse of the Veteran for purposes of VA benefits, including DIC, death pension, and accrued benefits.

The Board has determined that the Veteran's current bilateral foot disability is related to her period of active service, and thus grants service connection for a bilateral foot disorder.

The Veteran's request for waiver of recovery of an overpayment of improved pension benefits was denied because it was not filed within the required 180-day period. The issue regarding whether the overpayment was properly created is being remanded to the RO.

The Board found that the Veteran's current low back disability was not incurred in or aggravated by his active duty service and denied his claim for service connection.

The Veteran's appeal is denied as he has no legal entitlement to VA educational assistance benefits in excess of 12 months and 27 days under the Post-9/11 GI Bill.

The Veteran's appeal is being remanded due to a need for proper notice regarding her claim of service connection for hyperpigmentation of the feet, including consideration under the Undiagnosed Illnesses regulations. She should be asked to provide information about any private and VA treatment she received since discharge from service.

The Veteran's claim for educational assistance benefits under the Post-9/11 GI Bill is being remanded due to a lack of active duty service after September 10, 2001. The AOJ will seek clarification from DoD regarding the Veteran's eligibility.

The Board has determined that the Veteran's left testicular epididymitis does not warrant a compensable disability rating, as it did not require long-term drug therapy or frequent hospitalizations.

The Board has found that there is no current diagnosed disorder involving the Veteran's pancreas, and thus service connection for pancreatitis cannot be granted.

The Veteran seeks service connection for infertility and sterility, claiming that the condition was first diagnosed while on active duty. The Board has ordered a genitourinary examination to determine the nature and etiology of his hypospermatogenesis/low sperm count.

The Board finds that the Veteran has an undiagnosed illness manifested by flu-like symptoms, which represents a complete grant of the benefit sought on appeal.

The Veteran's claim for payment or reimbursement of unauthorized emergency treatment at Doctors Memorial Hospital on December 26, 2012 is denied as he does not meet the eligibility criteria under VA laws and regulations.

The Veteran's appeal is being remanded for further development, including obtaining a clarifying medical opinion regarding the level of impairment and whether separate ratings are warranted for functional impairment of other digits.

The Board denied the appellant's claims for service connection for throat cancer due to herbicide exposure and for the cause of death, finding that there was no evidence linking the Veteran's throat cancer to his period of active service or to exposure to herbicides. The underlying cause of death was listed as advanced inoperable pharyngeal cancer.

The Board found that the Veteran's claimed eye conditions are not related to his military service or diabetes mellitus, and thus denied his claims for service connection.

The Board has determined that the Veteran's service connection claims for neurological disabilities of both lower extremities are denied as there is no competent evidence linking these conditions to his military service.

The Board has granted service connection for chest pain, finding it secondary to the Veteran's service-connected asbestosis.

The Veteran's claims for increased rating for meningitis and service connection for right ear hearing loss, tinnitus, and an acquired psychiatric disorder other than PTSD were denied. The applications to reopen previously denied claims for mental problems and right ear hearing loss disability were also denied.

The Veteran's appeal is being remanded for additional development of his claims, including obtaining medical records and scheduling a VA examination to determine the nature and etiology of any neurologic disorders found to be present.

The Board denied the appellant's claim for recognition as the Veteran's surviving spouse due to a lack of continuous cohabitation from the date of marriage to the date of death, and their separation was not due to the Veteran's misconduct or procured by the Veteran without fault of the appellant.