Other conditions decisions — 2015

The Board has determined that the Veteran's bilateral leg disorder, specifically his restless leg syndrome, is related to service. The right wrist pain and PFB/rash on back, neck, and buttocks have been granted initial compensable ratings.

The Board found that the Veteran's right eye disability is not related to his military service and denied his claim.

The Board previously denied the Veteran's claim for service connection of right leg varicose veins as secondary to his service-connected left leg conditions. The U.S. Court of Appeals for Veterans Claims has ordered a remand due to insufficient consideration of whether the right leg varicose veins were aggravated by the service-connected left leg conditions.

The Board dismissed the appeal for service connection for the cause of death due to the surviving spouse's death prior to a final decision.

The Veteran's cause of death was due to lung cancer, which is a covered herbicide disease. The Appellant filed for DIC benefits in 1986 but did not receive them as lung cancer was not yet recognized as a presumptive service-connected condition at that time. She missed the one-year deadline and thus her claim was denied. The effective date of the grant of service connection for the cause of death is July 23, 2009.

The Board has remanded both claims for further action, including scheduling a videoconference hearing for the Veteran.

The Veteran's appeal is being remanded for further development, including obtaining medical records and scheduling VA examinations to determine the nature and etiology of any current respiratory disability and skin cancer.

The Board has remanded the case due to the need for additional medical records and examination, as well as for further consideration of the Veteran's claim.

The Veteran's service in the Philippine Scouts is not considered active military service and does not qualify for non-service-connected death pension benefits. The appellant, as his surviving spouse, is therefore ineligible for these benefits.

The Veteran's claim for educational assistance benefits under the Post-9/10 GI Bill in excess of two months and two days was denied as she had already exhausted her entitlement to Chapter 33 benefits.

The Veteran's claim for service connection for non-Hodgkin's lymphoma was granted, and he received a 100% disability rating effective from November 28, 1989. However, as the appellant is seeking accrued benefits purposes, which are no longer applicable due to the grant of service connection, there remains no case or controversy for the Board to consider.

Service connection was established for PTSD with a 30% rating effective January 22, 2009. Claims for liver disorder, gastrointestinal disorder, left shoulder disability, heart disorder, and hearing loss of the left ear were not granted as service connected. The Veteran's claims for left shoulder disability, heart disorder, and hearing loss of the left ear are reopened.

The Veteran's Raynaud's syndrome, residuals of cold injury, right hand and left hand are rated at 20 percent each, effective September 1, 2006.

The Board dismissed the appeal due to the death of the appellant, and no jurisdiction remains for further action.

The Veteran died and was buried, but the claim for nonservice-connected burial benefits is denied as it was not filed within two years of the burial and the burial took place at a private cemetery.

The Veteran's son, who is over 18 years old and not permanently incapable of self-support prior to age 18, is not eligible for VA death benefits.

The Board has dismissed the appeal regarding the left hydrocele claim due to the Veteran's withdrawal request. The right hydrocele claim is reopened and service connection for a chronic recurrent right hydrocele is granted.

The Board denied the request to reopen a previously denied claim for service connection for the cause of the Veteran's death and also denied entitlement to death pension benefits due to the appellant's income exceeding the maximum allowable amount.

The Board denied the Veteran's claims for service connection for a psychiatric disorder and for psychosis for treatment purposes, finding that new and material evidence had not been presented to reopen the claim, and concluding that the Veteran did not develop his active psychosis within two years of his discharge from his period of Gulf War service.

The Board found that the Veteran's current benign prostatic hypertrophy is not related to his in-service prostate symptoms and thus denied service connection for a prostate disorder.