Other conditions decisions — 2014

The Board has determined that the Veteran's colorectal cancer is not related to service, including exposure to ionizing radiation. The claim for service connection is denied.

The Veteran's daughter, A, was granted dependency status for the period from June 1, 2003 to October 1, 2007. The appeal of a debt due to a change in marital and dependency status is dismissed.

The Board granted the Appellant's claims for effective dates earlier than April 8, 2002 for dependency and indemnity compensation (DIC) and eligibility for Dependents' Educational Assistance (DEA).

The Veteran's symptoms of joint pain, tingling in the extremities, and short-term memory loss are attributed to known diagnoses such as sarcoidosis, carpal tunnel syndrome, degenerative disc disease, PTSD, depression, and other conditions. The Board finds that these symptoms do not constitute an undiagnosed illness.

The Veteran's claim for service connection for a lung condition and an upper respiratory condition was denied as there is no evidence of current disability.

The Veteran's claim for service connection for a respiratory disorder, claimed as an undiagnosed chronic cough, is being remanded due to the need for further development and consideration.

The Veteran's claim for an earlier effective date prior to September 8, 2006, for the award of a TDIU was dismissed as there is no such claim.

The Board denied the appellant's claim as her deceased spouse had a character of discharge under conditions other than honorable due to willful and persistent misconduct, which constitutes a bar to VA benefits.

The Board found that the assignment of the Veteran's 'discontinued' status was proper, as she did not pursue services outlined in her rehabilitation plan and declined to meet with her case manager and academic advisor.

The Veteran's heart disorders are being remanded for a VA examination to determine if they are related to his military service, including presumed exposure to herbicide agents during his Vietnam service. The appeal will be returned to the Board after this examination.

The Veteran's claim for service connection for a dental disorder, including loss of teeth, is denied as there was no evidence of in-service injury or disease resulting in the current condition. The Board found that the Veteran did not engage in combat with the enemy and his account of losing several teeth due to a mine blast during Vietnam service is not credible.

The Veteran's claim for an increased rating for calculus of the right sublingual gland is being remanded due to the need for additional medical opinions and development.

The Board finds that VA is not permitted to reissue a payment due the surviving spouse pursuant to 38 C.F.R. § 3.20, as this type of payment is for the benefit of the surviving spouse and does not fall under accrued benefits law.

The Veteran seeks service connection for esophageal cancer, which he claims is related to his exposure to Agent Orange during his service in Vietnam. The Board has ordered a remand due to the need for additional medical examination and opinion.

The Veteran's bilateral shin splints were found to have been incurred during his active service. The Board granted service connection for this condition, but denied the Veteran's claims for an initial compensable disability rating for left knee retropatellar pain syndrome and a higher initial disability rating for prostatitis.

The Board has determined that the appeal must be remanded to ensure all notification requirements and development procedures contained in VA regulations are complied with. The appellant's claim for VA education benefits is being returned to the Regional Office (RO) for further action.

The Veteran withdrew his appeal for the issue of entitlement to service connection for a bilateral foot disorder. The remaining issues, including PTSD and left leg disorder, will be remanded for additional development.

The Board has granted reopening of the claim for service connection for dental trauma for treatment purposes, but further development is needed before adjudicating on its merits.

The Veteran's claim for an increased rate of non-service connected VA pension benefits was denied as his income and unreimbursed medical expenses were properly considered, and he did not meet the criteria for being housebound or requiring regular aid and attendance.

The Board finds that the Veteran does not have a current diagnosis of a right hip condition and therefore, service connection for this disability is denied.