Other conditions decisions — 2015

The Board has granted an initial 10 percent disability evaluation for each of the Veteran's hammer toes (right and left little toes) under Diagnostic Code 5284. The criteria for a higher rating are not met as there is no evidence of limitation of motion, additional functional loss due to weakness, incoordination, fatigue or lack of endurance.

The Veteran and the appellant were in a same-sex partnership while residing in Texas from February 1985 until the Veteran's death. The partnership was not recognized as a valid common law marriage under Texas law, thus the appellant cannot be recognized as the Veteran's surviving spouse for VA benefits purposes.

The Veteran's claim for service connection for porphyria cutanea tarda (PCT) as a result of exposure to herbicides is being remanded due to the need for further examination and review.

The Board has remanded the case due to the lack of a Statement of the Case addressing the issue of dependency benefits. The Veteran and his attorney must be provided with one, after which they have the opportunity to file a substantive appeal if desired.

The Veteran's daughter filed for retroactive DEA benefits for education completed prior to May 20, 2012. The VA denied the claim as the application was not submitted within one year of the initial rating decision establishing the Veteran's permanent and total disability.

The Board has reopened the appellant's claim of service connection for cause of death due to her submission of new and material evidence. The case is now remanded for further development.

The Board found that the Veteran's black-out spells, diagnosed as a syncopal condition and vasovagal syncope, pre-existed his military service. The Board also found that there was no evidence of aggravation during service. Therefore, the claim for service connection for these conditions is denied.

The RO denied service connection for a blood disorder and blood in stools.

The Board has determined that remand is necessary to obtain an opinion regarding the etiology of the Veteran's gout, including whether it is related to in-service herbicide exposure and cold injury.

The Veteran's claim for additional VA education benefits under the Post-9/11 GI Bill is denied as he has already used a total of 48 months of benefits, including those from Chapter 30 and Chapter 31.

The Board found that the Veteran's mitral valve prolapse did not have its onset during military service or is otherwise related to such service, and thus denied his claim for service connection.

The Board has remanded the case for further development, including obtaining an opinion on whether the Veteran's fatal respiratory failure, pneumonia, and stroke are related to service, specifically exposure to Agent Orange. The appellant also presented a theory that hypertension, which may be related to exposure to Agent Orange, contributed to the Veteran's stroke.

The Veteran's service-connected difficulty swallowing (glossopharyngeal/ninth cranial nerve) is currently rated at 10 percent, effective January 5, 2012. The appeal has been granted.

The Board denied the Veteran's claims for service connection for atrial fibrillation, finding no evidence to support a link between his current condition and his military service or any service-connected disability.

The Board has determined that the overpayment of Chapter 33 benefits in the amount of $2,503.59 is valid due to the Veteran's active duty service during specific periods.

The Board found that the appellant and Veteran were not married at the time of the Veteran's death, nor did they cohabitate. Therefore, the appellant is not eligible for recognition as the Veteran's surviving spouse for VA benefits purposes.

The Board has found no evidence to support the Veteran's claim for service connection of an acquired psychiatric disorder, including as secondary to a service-connected disability. The Veteran's current diagnoses do not meet the criteria for service connection.

The Veteran's upper teeth were extracted during service and replaced by dentures. He is granted service connection for a dental condition for treatment purposes due to service trauma, but denied for compensation purposes.

The Board has determined that the service member's discharge from service under other than honorable conditions constitutes a statutory bar to VA benefits, including death pension benefits.

The Veteran's residual left testalgia, status post left varicocele ligation, has not resulted in recurrent symptomatic infection requiring drainage or frequent hospitalization more than two times per year. Therefore, the appeal for an initial disability rating in excess of 10 percent is denied.