Other conditions decisions — 2014

The Veteran's tonsil cancer did not manifest in service or for many years thereafter and is not related to his military service, including herbicide exposure and venereal disease experienced during service.

The Veteran's appeal is being remanded for additional development, including scheduling a VA examination and obtaining Social Security Administration (SSA) disability records.

The Board found that there is no evidence of radiation exposure or asbestos exposure during service, and the lung cancer was not caused by these exposures. The Veteran's lung cancer is also not considered to have begun during service based on the available evidence.

The Board denied the appellant's claim for retroactive Dependents' Educational Assistance (DEA) benefits under Chapter 35, Title 38, of the United States Code due to lack of timely filing and other legal requirements.

The Veteran and the appellant were not married for at least one year prior to the Veteran's death, nor within fifteen years of his separation from service. The appellant does not meet the eligibility criteria for VA DIC or pension benefits as a surviving spouse.

The Board has remanded the case for additional development, including obtaining missing service treatment records and scheduling a Gulf War VA examination.

The Veteran's claim for service connection for Acute Promyelocytic Leukemia, which he contends is related to chemical exposure during his deployment in the Gulf War region, has been remanded due to insufficient evidence. The Board requested additional information regarding the Veteran's alleged exposure and ordered a VA examination.

The Board has remanded the case for additional development, including obtaining VA treatment records and a VA examination. The Veteran's claim for special monthly pension based on need for regular aid and attendance or by reason of being housebound is pending.

The Veteran's claims for extension of a temporary total disability rating, initial rating in excess of 10 percent for residuals of hernia surgery, and compensable initial rating for hemorrhoids were denied. The Board found that the evidence did not support an extended period of convalescence beyond December 31, 2007 or higher ratings for his hernias.

The claim for accrued benefits was denied as the appellant filed her claim over one year after the death of her mother, who was receiving VA benefits.

The Board has remanded the case for further development, including obtaining SSA records and VA treatment records. The Veteran's employability due to service-connected disabilities is also being evaluated.

The Board has determined that the overpayment of VA disability pension benefits was not properly created due to administrative error on the part of the RO, and thus the creation of the debt is invalid. The Veteran's claim for waiver of the overpayment is granted.

The Veteran's claim for an initial compensable rating for the excision of a benign growth on the scalp was denied as there is no evidence that this condition caused deformity, disfigurement, or any functional limitation. The other service connection claims were also denied.

The Veteran withdrew the appeal prior to a decision being made.

The Veteran's service-connected osteoporosis has not resulted in any limitation of motion or joint manifestations, and the symptoms are not a result of osteoporosis. As such, an initial compensable disability rating is denied.

The Veteran's claim for service connection for lost teeth is denied as there is no evidence of loss of substance of the body of the maxilla or mandible due to in-service trauma or osteomyelitis.

The Board has decided to remand the case for further development, including obtaining updated medical records and scheduling a VA examination.

The Board denied the appellant's claim for Dependency and Indemnity Compensation (DIC) based on her status as a surviving spouse of the Veteran due to her divorce from him, which bars her eligibility.

The Veteran's cause of death from pancreatic cancer is being reviewed to determine if it was caused by exposure to Agent Orange during his service in Vietnam. The Board has requested a medical opinion on this issue.

The Board dismissed the appeal because it does not have jurisdiction to determine whether a claimant should receive equitable relief due to an erroneous VA award of home loan guaranty benefits.