Other conditions decisions — 2015

The Board denied the Veteran's claim for an effective date earlier than January 24, 2005 for a grant of service connection for adenocarcinoma of the lung. The decision also found no clear and unmistakable error in the November 1998 rating decision that denied service connection for a lung condition.

The Board has determined that the Veteran did not sustain an injury or disease of either foot during service, and arthritis was not manifest to a degree of 10 percent or more within one year of service separation. The current left and right foot disorders are not related to service.

The Board dismissed the appeal due to the appellant's request for withdrawal of his appeal.

The Veteran's appeal is denied as the treatment provided at his medical facility was not emergency care and VA facilities were feasibly available for follow-up treatment.

The Veteran's request for a waiver of overpayment of educational benefits was denied because it was not timely filed, as the appeal is beyond the 180-day filing period.

The Veteran's claims for service connection for chronic lymphocytic leukemia and an initial compensable rating for residuals of right thoracotomy secondary to congenital emphysematous blebs and granulomata right middle lobe are denied. The claim for a higher initial rating prior to August 1, 2011 and in excess of 30 percent beginning on August 1, 2011 for parenchymal and pleural changes with right lung infiltrate associated with residuals of a right thoracotomy is pending.

The Veteran's cause of death was metastatic stomach cancer, which is not service-connected due to lack of evidence linking it to his active service or presumed herbicide exposure. The Board found no direct causation between the Veteran's service-connected conditions (COPD and diabetes) and his metastatic stomach cancer.

The Veteran's claim for payment or reimbursement of medical services provided by Flagler Hospital from December 6, 2013 to December 8, 2013 was denied because he had coverage under a health-plan contract (Medicare) and thus did not meet the eligibility criteria for reimbursement.

The Board denied the Veteran's claim for service connection for his gastrointestinal disorders, finding that there was no evidence of a direct relationship between his current conditions and his military service.

The Veteran's claim for TDIU is being remanded due to the need for additional development, including obtaining his VA Vocational Rehabilitation and Employment file and any SSA disability records.

The Veteran is seeking an increased rating for his service-connected strain of the right external oblique abdominal muscle. The case has been remanded due to inadequate examination and new evidence needs to be obtained.

The Veteran's claim for an initial rating in excess of 20 percent for residuals of a gunshot wound to the left tibia was denied. The evidence did not meet the criteria for a higher evaluation.

The Veteran does not have the required wartime service to establish basic eligibility for VA nonservice-connected pension benefits.

The appellant is not recognized as the surviving spouse of the Veteran for purposes of establishing eligibility for death pension benefits due to her remarriage before reaching age 57.

The Veteran's appeal regarding the timeliness of his substantive appeal for a TDIU was dismissed as he withdrew his appeal.

The Board has remanded the case for scheduling a hearing, and will not make any determination on the merits of the service connection claims until after the hearing is held.

The Board has determined that the appellant's character of discharge from service is a bar to VA benefits, but due to new evidence received after previous decisions, the appeal will be remanded for further development.

The Veteran's current symptoms of a sinoatrial node dysfunction are etiologically related to his active military service, and the Board grants service connection for this condition.

The Board has determined that the appellant is not entitled to an apportionment of the Veteran's VA disability compensation benefits due to the Veteran's incarceration and the fact that his compensation level does not permit payment of a reasonable amount to the appellant.

The Board has determined that the appellant does not meet the criteria for basic eligibility for VA death benefits, including Dependency and Indemnity Compensation (DIC) and accrued benefits, as the surviving spouse of the Veteran due to her remarriage after his death.