Other conditions decisions — 2014

The Veteran's appeal is being remanded due to the need for a video hearing before a Veterans Law Judge.

The Board has determined that the Veteran's chronic brain syndrome, which pre-existed service and was not aggravated by service, does not meet the criteria for service connection.

The Board has determined that the Veteran's left foot peroneal brevis insertional tendonitis is related to her in-service left ankle sprain, and thus service connection for this condition is granted.

The Veteran's carcinoma of the right tonsil was not incurred or aggravated by his active duty service, including exposure to herbicides. The claim is denied.

The Veteran's left cubital tunnel release and ulnar nerve subcutaneous transposition have been rated at 30 percent, effective as of the date of the decision.

The VA determined that the appellant could not be recognized as the surviving spouse of the Veteran for purposes of receiving VA benefits due to their marriage lasting less than a year prior to his death, and no children were born during this period. The appellant requested consideration of a common law marriage.

The Board has determined that the Veteran's left lower extremity disability, characterized by numbness and weakness, qualifies as a chronic disability under 38 C.F.R. § 3.317 due to his service in the Persian Gulf War. As such, service connection is granted.

The Board found that the overpayment of $3,572 was properly created due to the Veteran's failure to timely notify VA of his divorce and remarriage.

The Board has reopened the Veteran's claims for service connection for a pilonidal cyst and normocytic anemia, finding new and material evidence. The Veteran's hepatitis B is rated at 40%.

The Board has ordered a remand to obtain medical records from the Veteran's hospitalization and to seek an addendum opinion regarding the cause of death. The appellant contends that service-connected conditions contributed to or caused the Veteran's death, but the VA examiner in April 2011 did not address these issues.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA treatment records and arranging for a VA medical examination to assess his right fifth metacarpal disability.

The Board has determined that a new VA examination is necessary to determine if the Veteran's current disability manifested by syncope is etiologically related to his blackouts and fainting spells during service.

The Board has determined that new and material evidence has been submitted to reopen the claim for service connection for adrenocortical carcinoma, which is related to exposure to Agent Orange. The Veteran's condition is considered as at least as likely as not related to his military service.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling a VA examination to assess the severity of his left heel disability.

The Board has determined that the Appellant is not eligible to receive nonservice-connected death pension benefits as she remarried after her spouse's death, which constitutes a bar to eligibility.

The Board has reopened the Veteran's claim for service connection for Me�nie`re's disease and granted it, finding new and material evidence. The issue of entitlement to service connection for dizziness is addressed in the REMAND portion.

The Veteran's appeal is remanded for a new examination to assess the severity of his service-connected gunshot wound residuals and for consideration of his TDIU claim.

The Veteran's claim for service connection of his left foot condition is being remanded due to the need for additional VA treatment records and a new examination by a podiatrist.

The Veteran's claim for an increased initial rating for ulcerative colitis, claimed as Crohn's Disease is being remanded due to the need for additional development including a VA examination and obtaining any outstanding VA treatment records.

The Board finds that the nature of the Veteran's employment as a first mate on a NOAA research vessel is a mitigating circumstance in the creation of the debt, and therefore, the overpayment was not properly created.