Other conditions decisions — 2015

The Board has remanded the case for additional development, including confirmation of the Veteran's exposure to radiation in service and an opinion regarding whether her current neck condition is related to that exposure. The claim will be readjudicated after these actions.

The Veteran's unauthorized medical expenses incurred from May 5, 2006, to May 8, 2006; from May 27, 2006, to May 28, 2006; and on June 24, 2006 are denied as VA facilities were feasibly available in each instance.

The Veteran's claim is being remanded for additional development to determine the etiology of any gastrointestinal or genitourinary disability, including whether they are related to service-connected IBS.

The Veteran's appeal is being remanded for additional development, including scheduling a VA examination and obtaining medical records.

The Board finds that the appellant does not qualify as the Veteran's 'surviving spouse' for VA purposes due to her divorce from the Veteran at the time of his death. Therefore, she is denied recognition as the surviving spouse of the Veteran for the purpose of VA benefits.

The Veteran's bilateral hip tenosynovitis has been rated as noncompensable under DC 5252-5024. The Board granted a compensable rating of 10% for each hip, effective from the date of the decision.

The Veteran's service-connected chondromalacia patella of the left knee is rated at 10 percent, with a separate rating for painful motion. The disability picture does not warrant an increase in evaluation.

The Board denied service connection for Balkans Syndrome, finding no credible evidence of the claimed condition and noting that there is no presumptive service connection available based on exposure to depleted uranium-tipped missiles.

The Veteran's claim for service connection for residuals of mucinous adenocarcinoma, claimed as colon cancer due to Agent Orange exposure, is being remanded for further development including a VA examination.

The Board has determined that the Veteran's pension benefits were properly terminated as of May [redacted], 2010, due to his incarceration for felony conviction.

The Board has determined that the termination of death pension benefits, effective January 1, 2005, was proper due to the appellant's annual income exceeding the applicable Maximum Annual Pension Rate (MAPR).

The Veteran's claim for service connection for schizoaffective disorder was denied in 2002 and not reopened until February 3, 2009. The Board found that the earliest effective date that can be assigned is February 3, 2009.

The Veteran wishes to withdraw his appeal for an effective date prior to November 1, 2009, for the addition of his then-current spouse as his dependent to his VA disability compensation award. The Board has dismissed this matter.

The Board has determined that the Veteran's cause of death, squamous cell carcinoma, was related to his sun exposure during military service and granted service connection for the cause of the Veteran's death.

The Board has determined that the Veteran's currently diagnosed ventral hernia is related to his military service and grants entitlement to service connection for this disability.

The Veteran's appeal was dismissed due to his death, and no service connection issues were raised or decided.

The Veteran's claim for dependent compensation benefits was pending at the time of his death, and the appellant has been granted substitution as the surviving spouse. The Board finds that a claim for benefits under section 1115 had been raised and was pending at the time of his death.

The Veteran's request for a waiver of overpayment was granted, as the Board found that recovery would be against equity and good conscience due to his financial hardship.

The Veteran's claim for service connection is being remanded due to inadequate development of the medical evidence. The VA examiner must provide opinions regarding the nature and etiology of any eye disorder diagnosed after discharge, as well as whether any congenital or developmental defects are aggravated by military service.

The Veteran's service-connected shin splints of the right and left lower extremities are currently rated at 10 percent each, but he contends that his disability is more severe than indicated. The Board finds that the current ratings adequately reflect the severity of his condition.