Other conditions decisions — 2014

The Board has remanded the case for additional development due to an intertwined issue of whether a timely substantive appeal was filed for service connection for cause of the Veteran's death. The underlying service-connection claim may affect eligibility for Chapter 35 educational benefits.

The Veteran's claim for an increased rating for his service-connected basal cell carcinoma was denied. The current rating of 30 percent is maintained as the condition does not meet criteria for a higher rating under any applicable diagnostic codes.

The Veteran requested to withdraw his appeal regarding education benefits under the Montgomery G.I. Bill - Active Duty and Selected Reserve, and the Board has dismissed the appeal as a result.

The Veteran's appeal is remanded for additional development, including a VA dental examination to determine if he has residuals of missing teeth related to the claimed in-service dental trauma and whether such loss was due to loss of substance of body of his maxilla or mandible. The claim will also be adjudicated based on eligibility for VA outpatient dental treatment.

The Veteran's appeal has been dismissed as the VHA has notified the Board that he is now eligible for VA medical benefits and there are no allegations of errors in the determination.

The Veteran's appeal is being remanded for further development, including a clarification of the opinions given by the December 2013 VA examiner and consideration of the November 2013 VA operation report.

The Board has reopened the Veteran's claims for service connection for residuals of left foot contusion, left great toe, and hematoma of right great toe. The claim is granted as new and material evidence was submitted.

The Board found that the overpayment of educational benefits in the amount of $8,860.98 was validly created and denied the Veteran's request for waiver of recovery due to untimeliness.

The Board has determined that the Veteran's death was caused by his in-service exposure to herbicides, which contributed to his development of esophageal cancer. As a result, service connection for the cause of the Veteran's death is granted.

The Board has remanded the case for additional development, including obtaining medical records and providing new opinions regarding the Veteran's skin disorder, foot disorders, and lumbar spine disability.

The Veteran's appeal was withdrawn regarding his claims for service connection for bilateral hearing loss and acid reflux. The claim for an initial compensable rating for residuals of fracture, left little finger, remains denied as the disability does not meet the criteria for a compensable evaluation.

The Veteran's laptop was stolen from her car, and the Board found that she left it unlocked. As a result, VA denied her claim for replacement under 38 C.F.R. § 21.220.

The Veteran's appeal is being remanded to the AOJ for additional development, including a VA examination and obtaining outstanding private records. The claim will be adjudicated again after all actions are completed.

The case is being remanded for additional development, including obtaining updated treatment records and scheduling a VA examination to assess the current status of the Veteran's non-Hodgkin's lymphoma and cardiac lymphoma.

The Board has determined that the appellant is not the Veteran's surviving spouse for VA purposes due to her obtaining a divorce from the Veteran in February 1999, which occurred after the Veteran's death in March 2006.

The Board has ordered a remand due to the Veteran's failure to appear for a VA examination and incomplete medical records. The case will be returned to the AOJ for further development.

The Veteran's death was not due to a service-connected condition, and the claim for nonservice-connected burial benefits was filed more than two years after the burial. Therefore, the appeal is denied.

The Board denied the Veteran's claim for nonservice-connected pension benefits from March 1, 1990 through June 30, 1997 due to failure to provide necessary information and because the RO improperly granted retroactive benefits.

The Veteran's appeal is being remanded due to the lack of VA medical records showing he was enrolled in the VA health care system within 24 months prior to receiving emergency treatment at CoxHealth South. The claim will be reconsidered based on the entirety of the evidence under 38 U.S.C.A. § 1725.