Other conditions decisions — 2014

The Veteran's rights to VA benefits were forfeited due to treason, and the claim for one-time payment from the Filipino Veterans Equity Compensation Fund is denied as a matter of law.

The appellant is not eligible for additional accrued benefits as she does not have standing to file a claim on behalf of the Veteran's children and her request was denied due to lack of evidence supporting her entitlement.

The Veteran's claim for a higher rating for his service-connected residuals of a partial tear of the left quadriceps sheath was granted effective May 11, 2007. The Board found that an earlier effective date is not warranted.

The Veteran's chronic headache disability is as likely as not related to active service, and the claim for service connection for a chronic headache disability is granted.

The Veteran's claims for service connection are being remanded to obtain additional medical records and to provide the Veteran with new VA examinations. The appeals will be considered again after these actions.

The Veteran's appeal has been dismissed due to the death of the appellant. The Board does not have jurisdiction to adjudicate the merits of this appeal.

The Veteran's claim for educational assistance benefits under the Post-9/11 GI Bill for flight training taken at CRM Airline Training Center is granted.

The Board has granted a 10 percent rating for the Veteran's residuals of left ear tympanic membrane perforation, status post mastoidectomy with mastoiditis. A separate 10 percent rating is also granted for recurrent tinnitus as a residual manifestation.

The appeal has been dismissed as the Veteran withdrew it through his representative.

The Veteran's claim for payment of unauthorized medical expenses incurred on May 28, 2010 at Baptist Hospital in Pensacola, Florida is denied as he has other health insurance coverage (Tricare) that precludes VA from reimbursement.

The Board has remanded the case for additional development, including obtaining Social Security Administration records and readjudicating the claims.

The Board found that the appellant's current abdominal disorders, including bowel perforation and fistulas, were not incurred or aggravated during his active duty training period. The pre-existing conditions worsened but did not permanently aggravate beyond their natural progression.

The Board denied service connection for photophobia in January 2002, finding no evidence of a disease or injury in service that caused the condition. The Veteran's appeal is dismissed.

The Board has determined that a new VA examination and opinion are necessary to address both direct service connection and secondary service connection for the Veteran's sleep disability, as it may be related to his active service or due to his service-connected Graves' disease.

The Board has decided to remand the case for additional development, including obtaining records of treatment and verifying periods of active duty service. The Veteran's claim will be reconsidered after all necessary actions are taken.

The Board found that the Veteran's current back disability was not caused or aggravated by his military service, did not manifest in service or within a year of service, and is not otherwise related to service.

The Veteran's death was not caused by a service-connected disability, and there is no evidence of exposure to Agent Orange. The claim for service connection for the cause of death is denied.

The Board has decided to remand the case for a VA examination and an etiological opinion regarding the Veteran's claimed uterine fibroids, as there is insufficient evidence on file to determine their relationship with service.

The Board found that the Veteran's cause of death, a pulmonary embolism and esophageal adenocarcinoma, was not attributable to his service or any incident thereof, including exposures to ionizing radiation. The Board also determined that no disability for which he was service-connected at the time of his death was a principal or contributing cause of his death, nor could it be presumed due to exposure to herbicides or ionizing radiation.

The VA examiner found no evidence of a current liver condition and the Veteran did not provide sufficient medical evidence to establish a present disability.