Other conditions decisions — 2015

The Veteran's appeal is being remanded for a local VA hearing.

The Veteran's appeal is being remanded due to her inability to travel for a hearing. The claims will be returned to the Board after she has had a video conference hearing.

The Veteran's service connection claim for chronic lymphocytic leukemia (CLL) is granted as it meets the criteria for presumptive service connection due to herbicide exposure during his military service in Thailand.

The Veteran's appeal is remanded for a VA examination to determine the etiology of her diagnosed Chiari I Malformation, including whether it is congenital or acquired and if so, whether it was caused by an in-service motor vehicle accident. The Veteran also needs a new rating assigned based on this determination.

The Veteran's claim for service connection for chronic prostatitis, to include as secondary to Agent Orange exposure, is being remanded due to the inadequacy of a previous medical opinion.

The Veteran's current adjustment disorder is found to be related to in-service family stressors, and the Board grants service connection for this condition.

The Board has determined that the Veteran's HIV infection is likely to have manifested during his active service, and therefore grants service connection for HIV.

The Board found that the Veteran's oral cancer, specifically squamous cell carcinoma of the tongue, did not manifest in service or for many years thereafter. The evidence does not show a relationship between his military service and his current condition.

The Veteran's gouty arthropathy of the right and left feet have been granted service connection, with initial noncompensable ratings. However, based on recent VA examinations showing active process with three non-incapacitating exacerbations per year, a higher rating of 20% has been assigned for each foot.

The Board has determined that the Veteran's chronic headaches are related to his military service and have granted service connection for this condition.

The Board has determined that the Veteran's death was not caused or contributed to by any service-connected disability, and thus denied the claim for service connection for the cause of the Veteran's death.

The Board has remanded the case for further development to determine if the Veteran was exposed to asbestos during service and whether his current lung disorder is related to such exposure or service.

The Veteran's appeal is being remanded for additional development, including a VA examination and the provision of private medical records. The case will be returned to the Board after these actions are completed.

The case is being remanded for additional development, including providing the appellant with VCAA notice and associating missing documents from her original claim, death certificate, and correspondence.

The Veteran's request for VA educational assistance benefits under the VRAP is denied because the American College, where he sought a training program as a Certified Life Underwriter, is not considered a community college or technical school within the meaning of applicable law and regulations.

The Veteran's surviving spouse was awarded aid and attendance pension benefits, but the retroactive payment of these benefits was delayed due to incompetency determination. The appellant does not qualify as an eligible survivor under the statute for accrued benefits because she is not a child or dependent parent. Reimbursement for expenses related to the last sickness and burial of the Veteran's spouse is also denied.

The Veteran's dysthymic disorder is currently rated at 50 percent, effective July 20, 2012. The claim for an earlier effective date and TDIU was granted.

The Board found that new and material evidence had been received to reopen the claim for service connection, but denied the claim as there was no clear and unmistakable evidence of a preexisting condition in service. The current right elbow disability is not considered aggravated by service.

The Veteran is seeking an increased rating for his service-connected gouty arthritis affecting the feet and toes. The case has been remanded to obtain additional medical evidence, including VA treatment records since January 2013 and private treatment records if available. The AOJ will also determine whether referral for extraschedular evaluation is warranted.

The Veteran is seeking compensation under 38 U.S.C.A. § 1151 for complications from a proctoscopy performed in February 2000, including gastritis and postoperative residuals of surgery for a gastric ulcer. The case has been remanded due to the need for additional records and opinions.