Other conditions decisions — 2014

The Board has determined that further development is needed for the Veteran's increased rating and service connection claims, including obtaining relevant medical records and scheduling VA examinations.

The Board finds that the Veteran does not have a current diagnosis of periodontal disease and therefore cannot establish service connection for this condition. The claim to reopen his previously denied claim for residuals of multiple tooth extractions is also denied as there is no new and material evidence presented.

The Board has remanded the case for a videoconference hearing and further development. The Veteran's claim of entitlement to TDIU remains pending.

The Veteran is seeking service connection for a skin disorder and a compensable disability rating for healed corneal laceration of the left eye. The appeal is currently remanded to obtain additional medical evidence, schedule examinations, and determine appropriate ratings.

The Board denied the appellant's claim for apportionment of the Veteran's VA benefits as a proper claimant due to ambiguity in the legal status of the Veteran's prior marriages and lack of definitive proof of termination dates.

The Board has determined that the Veteran's fibrocystic breast disease and dysmenorrhea syndrome are related to her service, and thus grants service connection for these conditions.

The appellant, as the surviving son of the Veteran, is not eligible to receive a one-time payment from the Filipino Veterans Equity Compensation Fund.

The Board has determined that the Veteran's emergency medical treatment at St. Mary's Medical Center on July 2, 2010 was for a condition of such severity that it warranted immediate medical attention and that VA facilities were not feasibly available. The claim is granted.

The Board has determined that the appellant and the Veteran were not validly married at the time of the Veteran's death in June 2003, thus denying her claim for recognition as his surviving spouse for VA death benefits purposes.

The Veteran's discharge was due to a service-connected disability, and he had at least 30 continuous days of active duty prior to discharge. Therefore, the Board granted eligibility for educational assistance benefits under the Post-9/11 GI Bill at the 100% rate.

The Board has granted the Veteran's request for waiver of recovery of an overpayment of VA nonservice-connected disability pension benefits, in the calculated amount of $19,140.00.

The Veteran asserts that he is entitled to an effective date for TDIU earlier than March 13, 2012, and the case is being remanded for a determination under the provisions of 38 C.F.R. § 4.16(b).

The Board has remanded the case for further development, including providing notice regarding service connection based on periods of ACDUTRA or INACDUTRA in the National Guard and scheduling a VA examination to determine the nature and etiology of any left hand disability. The Veteran's liver disease claim does not require additional examination at this time.

The Board has determined that the Veteran's right inguinal hernia is related to his service-connected left inguinal hernia and grants service connection for this condition.

The Veteran's net worth is considered to be sufficient to meet his basic needs, and therefore he does not qualify for nonservice-connected pension benefits at this time.

The Veteran's death was caused by complications from a VA surgical procedure, specifically an esophagectomy. The Board finds that the event of his death (death due to sepsis and pneumonia) was not reasonably foreseeable given the known risks associated with abdominal surgery.

The Veteran's basal cell carcinoma was not shown to be related to service, including any claimed exposure. The Board found no evidence of a current disability or chronicity in service and denied the claim.

The Veteran's claims for a compensable rating for his mandible fracture and service connection for his head injury resulting from an automobile accident in 1968 were denied. The Veteran had residuals of the head injury, but there was no evidence of a current disability related to this incident.

The Veteran's appeal is being remanded for further proceedings, including the need for additional VA examinations and consideration of all pertinent evidence.

The Board found that the Veteran's current respiratory disorder is not related to his in-service episode of pneumonia, and thus denied service connection for a chronic respiratory disorder.