Other conditions decisions — 2014

The Board has determined that the Veteran's basal cell carcinoma and recurrent cellulitis and lymphedema of the left lower extremity were not incurred or aggravated by service, and thus denied both claims.

The Veteran seeks service connection for cardiomyopathy, which he contends is related to his service-connected sleep apnea. The Board has determined that a remand is necessary to obtain additional medical opinions regarding the nature and etiology of the Veteran's heart disorder.

The Board has determined that the Veteran's current diagnoses of congestive heart failure and infertility are as likely as not related to his military service, specifically exposure to contaminated water at Camp Lejeune.,Service connection is granted for these conditions.

The Board has reopened the Veteran's claims for service connection for lupus and arthritis of the bilateral upper and lower extremities, finding new evidence sufficient to reopen these claims. Service connection is granted for lupus but the issue of arthritis remains pending as it requires additional development.

The Board denied the claim for service connection for the cause of the Veteran's death, finding that there was no evidence linking the pancreatic cancer to his military service or any service-connected disability.

The Veteran's left little finger dysfunction, status post injury and pin placement with scars has not resulted in ankylosis or arthritis and the scars are not deep, cover an area of 144 square inches (929 sq. cm.), unstable, painful, or cause any disabling effects. Therefore, the criteria for an initial compensable rating have not been met.

The Board has concerns about the validity of the Appellant's substitution as a surviving spouse for the veteran and is remanding the case to determine if she is a valid substitute. The underlying FVEC claim will not be addressed until this issue is resolved.

The Board has determined that the Veteran's chronic urticaria is service-connected, as her symptoms began during active duty and have persisted since separation. The Board also found no evidence of a current disability related to obstructive sleep apnea or lower back strain.

The Board denied the veteran's claim for VA non-service connected pension benefits as he did not serve during a period of war, making him ineligible for these benefits.

The appellant is seeking an extension of his Dependents' Educational Assistance (DEA) benefits beyond May 30, 2009 due to unavoidable employment interruptions. The case has been remanded for further review.

The Board found that the Veteran did not have a chronic disability manifested by sinus congestion during his appeal period and concluded that it was less likely than not caused by service.

The Veteran's left leg lymphedema is manifested by persistent edema and eczema without intermittent ulceration, warranting a 40 percent disability rating.

The Board finds that the Veteran's left eye disability is not related to service and does not meet the criteria for secondary service connection due to his service-connected PTSD. The preponderance of evidence is against the claim.

The Veteran's claim for a higher rating for spondylolisthesis at L5-S1 with fusion before July 2, 2010 was denied as the evidence did not show limitation of motion to less than 30 degrees or favorable ankylosis.

The Board found that a debt of $66,728 was validly created due to the Veteran's misrepresentation and bad faith in reporting his marital status and income. The decision denied the request for waiver of recovery of this overpayment.

The Board has remanded the case due to a separation between the Veteran and his wife prior to his death, which may affect whether the appellant can be recognized as the surviving spouse for VA benefits purposes. The RO must determine if the appellant meets the requirements to be considered the surviving spouse.

The Board has ordered a remand to obtain a new medical opinion regarding the Veteran's death and whether it was caused by VA negligence. The case will be returned for further development.

The Board has determined that the Veteran does not have a current neurological disability of his upper extremities, and thus service connection cannot be granted for these conditions.

The Board found that the Veteran's current left knee conditions are not related to his service, and thus denied his claim for service connection.

The Board found that the Veteran was not unemployable due to his service-connected disabilities prior to March 31, 1985 and denied an earlier effective date for TDIU.