Other conditions decisions — 2014

The Board has decided to remand the case for additional development, including obtaining an opinion from a surgeon regarding whether the Veteran's fatal gastric carcinoma was related to service.

The Veteran's claims for service connection for cancer of the jaw palate and colon cancer are being remanded due to the need for additional development, including a VA examination.

The Veteran's breast cancer is being remanded for further development, including obtaining service personnel records and a VA examination to determine the etiology of his condition. The claim will be reconsidered based on new evidence.

The Veteran's left heel fracture is not related to service, and his current metatarsal arthritis of the left and right feet do not warrant a higher evaluation.,The Board found that there was no factual basis to relate the Veteran's current left heel disability to anything while on active duty.

The Veteran's death was caused by a cardiac arrest resulting from a pulmonary embolism, which in turn resulted from the fall of his walker due to his service-connected two-inch shortening of right lower extremity. The Board finds that the service-connected condition contributed substantially or materially to cause the Veteran's death.

The Board has remanded the claims due to the need for additional development, including obtaining VA clinical records and scheduling a VA medical examination.

The Veteran's deep vein thrombosis of the left lower leg is manifested by persistent edema, stasis pigmentation, and persistent ulceration. The Board has determined that a disability rating of 60 percent, but no higher, for this condition is warranted.

The Veteran does not have additional disability as a result of esophageal surgery in April 2007 at the Miami VA Medical Center, and therefore, compensation under 38 U.S.C.A. § 1151 is denied.

The appellant is not recognized as the surviving spouse of the Veteran due to her divorce and remarriage, which disqualifies her from receiving VA benefits.

The Veteran's discharge was due to a service-connected disability, and he is now eligible for the full educational assistance rate under the Post-9/11 GI Bill.

The Veteran's right radial fracture due to RPG injury is manifest by severe impairment of Muscle Group VIII, warranting a disability rating of 30 percent.

The Veteran is granted compensation for IVC thrombosis and venous insufficiency of the left lower extremity under 38 U.S.C.A. § 1151 due to VA's failure to restart Coumadin therapy within days of surgery, resulting in an additional disability. The right lower extremity disability remains at a 60 percent evaluation.

The Veteran's appeal is remanded due to a pending issue regarding the effective date of service connection for right lingual nerve paresthesia and an allegation of clear and unmistakable error in a prior rating decision. A TDIU claim has also been raised.

The Board has determined that additional development is needed to determine if the Veteran's service-connected disabilities caused or contributed to his death.

The Board has determined that the appellant is a helpless child on the basis of permanent incapacity for self-support prior to his 18th birthday, and thus the issue of entitlement to an apportionment of the Veteran's benefits is granted. The appeal regarding the apportionment will be remanded due to procedural issues.

The Board has determined that the Veteran's cause of death was not caused or substantially contributed to by a service-connected disability, and thus denied the claim for service connection for the cause of death.

The Veteran's unauthorized medical expenses incurred during emergency room treatment at Allegiance on May 25, 2010 are granted as reimbursement is warranted due to the nature of his symptoms and the lack of feasible VA care.

The Veteran's death was not service-connected, and the Appellant did not meet the criteria for non-service-connected burial benefits as per VA regulations.

The Veteran's appeal is remanded due to his failure to report for a scheduled hearing. The case will be returned to the Board after appropriate action.

The Veteran's claim for additional education benefits under the Post-9/11 GI Bill is denied as he has already used 3 months and 14 days of his 48-month limit.