Other conditions decisions — 2015

The Veteran's claim for service connection for a neck-related disability, including residuals of drainage of a lateral pharyngeal abscess on the left side of the neck, to include headaches, blurred vision, dizziness, and left facial neuralgia, is being remanded due to the need for additional development.

The Board has remanded the Veteran's claim for service connection for a right knee condition due to inadequate examination and lack of nexus opinion regarding her degenerative joint disease. The case is now pending further development.

The Veteran's death was not service-connected, and the appellant did not meet the criteria for non-service-connected burial benefits. The claim is denied.

The Board denied service connection for the cause of the Veteran's death and denied DIC under 38 U.S.C.A. § 1318 due to lack of evidence showing a direct or presumptive link between his death from AML and his military service, including exposure to herbicides.

The Veteran seeks an effective date prior to September 1, 2010 for the award of nonservice-connected special monthly pension based on the need for aid and attendance. The Board finds that no earlier effective date can be assigned due to lack of evidence showing entitlement before August 15, 2011.

The Veteran's death was caused by amyloidosis, but the cause of his death is disputed. The VA is requested to verify if the Veteran was exposed to herbicides during service and provide terminal treatment records through hospice care.

The Veteran's appeal is being remanded due to the need to adjudicate a newly raised claim for compensation under 38 U.S.C.A. § 1151 for a left upper extremity disability as a result of VA treatment on July 19, 2013 at the CBOC in Ocala.

The Board finds that the appellant did not timely file a substantive appeal regarding the September 2011 rating decision denying service connection for the cause of the Veteran's death. As such, the appeal is dismissed.

The Board denied service connection for a dental condition, specifically jaw malalignment, finding that any such condition was not incurred or aggravated by service. The Board noted the Veteran's tooth extractions in service were necessary treatment for periodontal disease and that any subsequent jaw conditions were related to expected changes following these procedures.

The Veteran's claim for service connection for peptic ulcer disease has been dismissed as moot due to the full award of benefits in a September 2012 rating decision.

The Board found that the effective date for the grant of nonservice-connected special monthly disability pension benefits may not be earlier than April 24, 2012 due to lack of prior claim and inability to establish entitlement within one year from becoming permanently and totally disabled.

The Board has remanded the case for further proceedings due to a lack of clear authority on verifying service from the National Personnel Records Center (NPRC). The appellant's claim is related to eligibility for a one-time payment from the Filipino Veterans Equity Compensation Fund.

The Veteran's claim for service connection for a chronic tonsil disability was denied as there is no evidence of current disability or link to service.

The Board denied service connection for glioblastoma multiforme and the cause of death due to lack of evidence linking these conditions to military service, including radiation exposure.

The Veteran's schizoaffective disorder was rated at 70 percent effective from January 31, 2008 to February 10, 2008, and from April 1, 2008. The effective date for this rating is not specified as the claim was received within one year of these dates.

The Board has remanded the case for further development, including obtaining medical records from Dr. Viloria and John Cochrane Hospital to support the claim of entitlement to service connection for cause of the Veteran's death.

The Board found that the Veteran's gastrointestinal symptoms were acute and transitory during service, and there is no evidence of a chronic condition since separation. The most probative medical evidence does not support a finding that his current colitis with diverticulitis and diverticulosis are related to service.

The Veteran's claim for service connection for a dental disorder, claimed as secondary to his service-connected esophageal carcinoma of the epiglottis, is denied because he does not have a current dental disability for which VA compensation benefits can be awarded.

The Board has granted a TDIU based on the Veteran's service-connected PTSD, finding that his disabilities render him unable to secure and follow substantially gainful employment. The issue of reopening service connection for a stomach disorder is remanded as the Veteran requested a Travel Board hearing.

The Veteran's additional cardiac conditions, including congestive heart failure and a leaky valve, were not caused by the April 2005 surgery and hospitalization at VAMC. The Board found that there was no fault on VA's part in providing the treatment.