Other conditions decisions — 2014

The Board has determined that the Veteran did not make a valid, irrevocable election to receive Chapter 33 education benefits.

The Board denied the appellant's request for a Government-furnished Medallion to be affixed to the Veteran's headstone in a private cemetery due to the Veteran having died before November 1, 1990.

The Veteran's request for a hearing has been noted, but no hearing has yet been provided. The case is being remanded to schedule the Veteran for a travel Board hearing.

The Appellant's recognized guerrilla service and Philippine Army service from March 1945 to August 1945 is not qualifying military service for basic eligibility to nonservice-connected disability pension.

The Veteran's service-connected chronic prostatitis with cystitis was initially rated as zero percent disabling prior to December 5, 2011. As of that date, the rating has been increased to 20 percent.

The Board denied the Veteran's claims for service connection for esophageal cancer and a skin disorder, both claimed as due to exposure to Agent Orange. The cancers were not shown to be related to his military service or exposure to herbicides.

The Veteran's laboratory tests performed at Mason General Hospital were covered by prior authorization for a GI evaluation and colonoscopy, so the cost is now granted.

The Board denied the Veteran's claims for ratings in excess of 30 percent for his service-connected gunshot wounds to the right foot and leg, finding that the combined rating for these disabilities cannot exceed 40 percent due to the amputation rule.

The Board found that the Veteran's weight loss, leg cramps, dizziness, and joint pain were not incurred in or aggravated by active service.

The Veteran's service-connected degenerative joint disease of the first metatarsophalangeal joint of the right toe is currently rated at 30 percent, and the Board finds that a higher rating is not warranted.

The Veteran's skin disorder, diagnosed as vitiligo, lichen simplex and prurigo nodularis, was not shown in service or for many years thereafter and is unrelated to active duty service or to toxic herbicide exposure. Porphyria cutanea tarda has not been clinically shown.

The Veteran's gastrointestinal disorder, including abdominal adhesions and bowel obstruction, was not caused by VA medical treatment, specifically the ultrasound conducted on November 16, 2005. The disorder is believed to be due to his surgical history, which occurred prior to the VA treatment.

The Board has ordered the case to be remanded for further development and consideration of the overpayment claim.

The Veteran's service connection claim for gastritis is granted as the evidence is in equipoise, with doubt resolved in favor of the Veteran.

The Veteran's claim for an earlier effective date for the award of special monthly compensation was not pending at the time of her death, and therefore, she did not have a pending claim for accrued benefits. The appellant is not eligible as the Veteran's child due to age restrictions.

The Board denied service connection for cataracts, peripheral vascular disease of the bilateral lower extremities, prostate disorder, skin disorders, and stroke residuals. The Veteran's conditions are not related to his military service or herbicide exposure.

The Veteran's left hip disability is granted as secondary to his service-connected back disability.

The Board has remanded the case for additional development due to conflicting opinions in the medical records and the need for an opinion regarding the relationship between the Veteran's current conditions and his service-connected disabilities.

The Veteran's status post ventral hernia repair is asymptomatic and does not require a compensable evaluation.

The Veteran's appeal was dismissed due to his death, and the Board has no jurisdiction to adjudicate the merits of this claim.