Other conditions decisions — 2014

The Board found no clear and unmistakable error in the December 1971 decision deeming the marriage invalid, but determined that new and material evidence has been presented to reopen the claim for recognition as the Veteran's surviving spouse.

The Veteran's postoperative fistulotomy residuals for a perirectal abscess are currently rated as 10 percent disabling under DC 7804, effective March 2007.

The Board has determined that the Veteran's bone marrow disorder is not related to his service, including presumed herbicide exposure in Vietnam. The condition was diagnosed many years after service and there is no direct evidence linking it to service.

The Board has determined that the Veteran's loss of left eye is not related to service, and therefore denied his claim for service connection.

The Veteran seeks compensation under 38 U.S.C.A. § 1151 for a nasal disability, claimed as difficulty breathing through his nose, allegedly caused by three nose surgeries performed at the West Los Angeles VA Medical Center in February 2000, August 2001, and May 2002. The case is being remanded to obtain additional medical records and determine if VA's fault contributed to the Veteran's additional nasal disability.

The Board has determined that a reduction in the apportionment of the Veteran's disability compensation benefits for the support of his minor child, R.A.E., is not warranted due to financial hardship and insufficient evidence of undue hardship on the Veteran.

The appellant's claim for an earlier effective date for the grant of service connection for cause of the Veteran's death and award of DIC benefits is dismissed as her claim was not timely appealed.

The Veteran's claim for service connection for cancer is being remanded due to the need for additional development, including obtaining his full service personnel folder and any information regarding his job description, other combat activities or occupational exposures.

The Board has reopened the issue of whether new and material evidence was presented to allow for a review of the appellant's character of discharge from service, which is currently under an other than honorable condition due to being AWOL. The decision remains pending as it also addresses whether this discharge bars VA benefits.

The Veteran's HIV has not met the criteria for a compensable rating as his T4 cell count has remained above 200 and he does not have depression or memory loss with employment limitations.

The Board found that the Veteran's current bilateral carpal metacarpal (CMC) joint arthritis of the left and right thumbs is secondary to service-connected ankle disabilities, specifically his cane use for his service-connected right ankle disability. The claim was granted.

The Veteran's death occurred before the enactment of the American Recovery and Reinvestment Act, which provides for a one-time payment from the FVEC fund. The appellant is not eligible to receive this payment as her spouse did not file a claim during the Veteran's lifetime.

The Board has granted service connection for the cause of the Veteran's death, finding that his terminal condition (carcinomatosis) is related to military service. The claim was reopened due to new and material evidence submitted since the February 2003 rating decision.

The Board denied the appellant's request for an extension of his delimiting date for DEA benefits, finding that he did not meet eligibility requirements for admission into a chosen program and that conditions beyond his control were not established.

The Veteran's appeal is being remanded due to the need for additional medical opinions regarding his service-connected squamous cell carcinoma, left true vocal cord and gastritis/duodenitis. The claims of entitlement to a rating in excess of 10 percent for gastritis/duodenitis and TDIU are also being remanded as they are intertwined with the issues of service connection.

The Board has determined that the Veteran's currently diagnosed alpha thalassemia is a genetic defect and not subject to service connection as it does not meet the criteria for a disease or injury incurred in or aggravated by service.

The Veteran's claim for non-service-connected pension benefits is denied as he does not have wartime service.

The Veteran's right elbow disability is not service-connected, and his left knee degenerative joint disease does not warrant a higher rating prior to June 8, 2012, or an initial rating of 20% as of that date.

The Board has determined that additional development of the record is necessary before a decision can be made on the appellant's claim for service connection for total abdominal hysterectomy and bilateral salpingo-oophorectomy.

The Veteran's combined rating for his service-connected disabilities (right elbow disability and mood disorder) is 60%, which qualifies him for a TDIU.