Other conditions decisions — 2013

The Board has determined that the appellant is the Veteran's surviving spouse for purposes of VA death benefits, as they were legally married at the time of the Veteran's death and the appellant has not remarried.

The Veteran's claims for service connection for retinopathy and a higher rating for his low back disorder are being remanded due to the need for additional medical examinations and development of private treatment records.

The Board has determined that the Veteran does not have a diagnosed disability manifested by memory loss, and therefore service connection cannot be granted.

The Board has determined that the appellant's discharge from service was under other than honorable conditions and therefore constitutes a bar to the payment of VA benefits.

The Board finds that the Veteran's diagnosed chronic back strain is as likely as not aggravated by his service-connected right ankle disability, and grants service connection for this condition on a secondary basis.

The Veteran's service-connected degenerative joint disease of the right hand has been granted an initial 10 percent disability rating, effective from April 26, 2007. The Veteran's request for a higher rate of SMC for loss of use of the right hand was not met.

The Board has remanded the case due to outstanding medical records and a need for a VA examination. The Veteran's claim will be reconsidered based on all evidence.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA and private treatment records, scheduling a VA examination to assess the current severity of his hip disabilities, and determining if he is unemployable due to his service-connected disabilities.

The Veteran's throat cancer, which was diagnosed as squamous cell carcinoma of the left oropharynx, is considered to be due to his service in Vietnam and exposure to Agent Orange. The Board granted service connection for this condition.

The Board has remanded the case for further development and re-adjudication, including obtaining information about the FTCA settlement distribution and any outstanding medical bills. The appellant's claim regarding the propriety of withholding DIC payments to recoup a settlement under the FTCA is in appellate status.

The Veteran withdrew his appeal for an initial compensable rating for fluctuating eyesight/cataracts before the Board could make a decision.

The Board denied the appellant's claim for recognition as the surviving spouse of the Veteran due to her divorce from the Veteran, which was not due to his misconduct.

The Veteran's claim for a refund of $1,200 in contributions to the 38 U.S.C. Chapter 32 'Post-Vietnam Veterans Education Assistance Program' (VEAP) is granted.

The Board found that the Veteran did not properly complete his VA Form 22-1990, which was required to make an irrevocable election for education benefits under the Post-9/11-GI Bill program in lieu of benefits under the MGIB program. As a result, the appeal is denied.

The Veteran's appeal is being remanded for further development, including obtaining updated VA treatment records and scheduling a new examination to assess the severity of his service-connected Reiter's syndrome.

The Veteran's service connection claim for post-operative colon cancer with liver metastasis due to herbicide exposure in Vietnam was denied as there is no evidence of a causal link between the condition and his military service.

The Board denied the claim for a government-furnished headstone or grave marker because N.A. did not have qualifying active military service, and therefore, the legal criteria for such benefits are not met.

The Board has determined that the Veteran's right eye disorders, including presbyopia and cataracts, are not service-connected as they do not meet the criteria for compensation under VA laws. The current right eye disorders were found to be due to normal aging rather than being caused or aggravated by his service-connected left eye blindness.

The Board found that the Veteran's rhinorrhea did not manifest during service and is not otherwise due to his active service, including exposure to herbicides. As such, the claim for service connection was denied.

The Veteran's claim for an increased rating for spasticity of the duodenal bulb was denied, and his attempt to reopen a previously denied claim for service connection for an acquired psychiatric disability (anxiety neurosis) was also denied.