Other conditions decisions — 2014

The Veteran's death was not determined to be service-connected, and the appellant is not entitled to DIC benefits under 38 U.S.C.A. § 1318 because he did not meet the criteria for a 'deceased veteran' as defined in the regulation.

The Veteran's case is being remanded due to the need for a hearing before the Board at the RO.

The Board finds that the evidence is roughly in equipoise on whether prior authorization was given for the Veteran's care at St. Vincent's Ambulatory Care Center on April 1, 2011, and grants payment or reimbursement of unauthorized medical expenses incurred during this episode.

The Veteran withdrew his appeal, and the Board has dismissed it.

The Board denied service connection for metastatic squamous cell carcinoma, finding that the cancer was not related to herbicide exposure in Vietnam. The appellant's claim is based on a presumption of exposure due to Agent Orange, but the VA Independent Medical Examiner concluded there was less than a 50% probability that the cancer was caused by this exposure.

The Board denied the appellant's request for a Government-furnished headstone or grave marker for the Veteran, finding that eligibility was not established due to the Veteran's death occurring prior to the date authorized by law.

The Board has directed the RO to adjudicate both the TDIU claim and a separate issue of an increased rating for right upper extremity paresthesia. The case is remanded due to failure to comply with previous directives.

The Veteran's claim of service connection for adenocarcinoma of the lung and bone metastasis was first received on October 19, 2010. The Board finds no earlier informal claim upon which an earlier effective date can be based.

The Board has determined that the Veteran does not have service connection for chronic lymphocytic leukemia or liver damage, as there is no evidence of current disabilities and the March 2012 VA examination concluded that his symptoms are related to an inherited disorder rather than active duty service.

The Board has remanded the Veteran's claim for additional development, including scheduling a VA examination and obtaining outstanding treatment records.

The Veteran's diplopia has not been shown to warrant a higher evaluation as the evidence does not demonstrate worsening of visual acuity or other symptoms that would justify an increased rating.

The Board has determined that the Veteran's T7-8 discectomy and fusion did not begin in service or due to a service-connected disability, thus denying his claim for service connection.

The Veteran's claim for service connection for vulvar cancer is being remanded due to the need for additional medical opinions regarding her exposure to HPV and whether her vulvar cancer is related to military service.

The Veteran's claim for service connection for degenerative joint disease of the bilateral hips, status post left hip replacement is being remanded due to incomplete development and need for an addendum medical opinion.

The Veteran's appeal is being remanded due to the need for additional development, including a new VA examination and obtaining outstanding treatment records.

The Veteran's claims for service connection for various foot, ankle, hip, and leg disabilities have been denied as there is no current diagnosis of arthritis or other specific disability in the record. The right calcaneal spur was determined to be a normal finding rather than a service-connected condition.

The Board denied the Veteran's claims of service connection for right and left fifth toe disabilities, finding no current diagnosis of these conditions since her appeal was filed in November 2005. The Board also found that there is no competent evidence showing a link between the claimed disabilities and active duty service.

The Board found that the Veteran's in-grown toe nails existed prior to his service and did not worsen during any of his qualifying voyages, thus denying service connection.

The Veteran's cancer of the pharynx is not found to be causally or etiologically related to his period of active service, including as due to herbicide exposure. The symptoms were not chronic in service and have not been continuous since service separation.

The case is being remanded to schedule the Veteran for a Board hearing via video due to his failure to report for an in-person hearing. The procedural requirements found at 38 C.F.R. § 19.100 et seq. must be met, and all parties must be afforded timely notice of the hearing.