Other conditions decisions — 2013

The Board has determined that the Veteran's stage IV squamous cell carcinoma of the right base of the tongue is related to his in-service herbicide exposure, specifically Agent Orange. As a result, service connection for this condition is granted.

The Veteran's appeal of the claim for service connection for a respiratory disability has been dismissed due to his death before a decision was made by the Board.

The Board has determined that the Veteran does not have a present small intestine, stomach, or liver condition that is related to his military service.

The Veteran's claim for service connection for chronic residuals of bilateral great toe ingrown toenails is being remanded due to the need for additional development, including obtaining medical records and logs from his military service.

The Veteran's unauthorized medical expenses incurred at St. Alphonsus Regional Medical Center from October 26, 2008 to October 28, 2008 are under review due to the need for further evidentiary development.

The Veteran's death occurred before the eligibility criteria for a government-furnished headstone or grave marker were met, thus his daughter is denied this benefit.

The Veteran's death in 1971 precludes him from receiving a government-furnished grave marker, as the legal criteria for such benefits are not met due to his death prior to November 1, 1990.

The Board has remanded the case due to insufficient information provided by the appellant regarding her income, net worth and medical expenses. The appellant is asked to provide this information again.

The Veteran's appeal for an increased disability rating for dysthymic disorder has been dismissed as the appellant withdrew his substantive appeal.

The Board has reopened the claim of service connection for arthritis and determined that new evidence supports a finding of in-service incurrence. The Veteran's current muscle and joint pain is not related to his active service.

The Veteran's right femur fracture has not been shown to result in any of the criteria for a higher rating, and thus his claim for an increased rating is denied.

The Veteran's claim for service connection of a left eye disability is being remanded due to incomplete examination findings and the need for further development.

The Board has determined that the Veteran's cause of death, Acute Myeloid Leukemia (AML), was caused by exposure to benzene during his service. As a result, the claim for service connection for the cause of the Veteran's death is granted.

The Board has granted service connection for chondromalacia patella of the right knee due to aggravation, finding that there is no clear and unmistakable evidence that the disability was not aggravated by service. The Veteran's employability issue remains pending as it requires a VA examination to determine if his service-connected disabilities render him unable to secure or follow a substantially gainful occupation.

The Board has remanded the case for additional development and adjudicative action due to a lack of proper findings regarding cubitus deformity in the Veteran's left elbow.

The Veteran's death was caused by glioblastoma multiforme, a brain tumor. The evidence does not show that the Veteran had service connection for any disability during his lifetime that could have contributed to his death. Therefore, service connection for the cause of the Veteran's death is denied.

The Veteran's service-connected residuals of status-post left tibia fracture with plantar fasciitis and gastrocnemius soleus complex were not rated higher than 10 percent from January 13, 2005, through May 30, 2013.

The Veteran claims service connection for a bilateral leg disorder with weakness. The Board is remanding the case to obtain additional VA treatment records and conduct another VA examination.

The Board denied the Veteran's claim for benefits under 38 U.S.C.A. § 1151, finding that the residuals of his VA treatment were not caused by negligence or fault on the part of VA.

The Board has determined that the Veteran was not a fugitive felon during the time period at issue, and therefore, the payment of compensation did not create a debt subject to repayment. The issue of entitlement to a waiver is rendered moot.