Other conditions decisions — 2015

The Veteran's squamous cell carcinoma is presumed to be due to his service in Vietnam, but the Board finds that a medical opinion is needed to determine if this condition is related to herbicide exposure.

The Board denied eligibility for CHAMPVA benefits due to the appellant not being enrolled in Medicare Part B, despite her having been awarded Medicare Part A benefits.

The Board denied the Veteran's claims for restoration of a 20 percent disability rating and an increased rating for TMJ disability prior to February 5, 2013.

The Veteran's leukemia is not service-connected, and his malaria was not caused or made worse by military service. The cause of death due to respiratory failure with adult respiratory distress syndrome was attributed to chronic myelogenous leukemia.

The Veteran's appeal is being remanded for additional development, including obtaining a second page of his VA Form 9 and relevant VA medical records. He will also be scheduled for VA examinations to address the claims for service connection for torus mandibularis and increased ratings for Frey's syndrome and right parotid gland and parapharyngeal tumors excision disabilities.

The Board has remanded the claims for service connection due to an undeliverable letter from Dr. L.W., and the Veteran is asked to provide alternative contact information.

The Board has remanded the case due to the failure of the RO to provide an SOC in response to the Veteran's notice of disagreement. The Veteran is required to perfect his appeal with respect to the issue.

The Veteran's residuals of a left distal fibula fracture resulted in no limitation of motion, but his pain and inability to stand or sit for long periods affected his ability to function under ordinary conditions.

The Board found that the Veteran's right spermatocele did not meet or approximate criteria for a compensable rating due to lack of symptoms such as renal dysfunction, voiding dysfunction, urinary frequency, obstructed voiding, or urinary tract infections. The current level of disability was deemed insufficient to warrant an increased rating.

The overpayment of $6,993.00 or some lesser amount is valid and recovery would be against equity and good conscience.

The Veteran's claim for service connection for a respiratory disability was denied due to lack of evidence linking the condition to his military service. The claim for reopening of hypertension was reopened based on new evidence, but no current rating or effective date has been assigned.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA treatment records and scheduling a VA examination to assess the severity of his service-connected left leg disability. The TDIU claim is also inextricably intertwined with the increased rating claim.

The Veteran's spouse, the appellant, seeks recognition as his surviving spouse for VA death benefits. However, she is not eligible due to her prior marriage and lack of a common law marriage with the Veteran before April 2009.

The Veteran's herpes zoster does not meet the criteria for a compensable evaluation as it affects less than 20% of her entire body or exposed areas, and no intermittent systemic therapy is required.

The Board has granted service connection for non-Hodgkin's lymphoma and leukemia, finding that the Veteran was exposed to chemical agents during qualifying periods of service which are related to the onset of these conditions.

The Veteran's claim for service connection for hairy cell/B-cell leukemia is denied as there is no evidence of a current disability.

The Board has remanded the case due to a lack of verification regarding in-service herbicide exposure and the need to obtain deck logs from the USS Sterett (DLG-31).

The Veteran has withdrawn his appeals for service connection for a minor brain abnormality and an initial compensable rating for bilateral ingrown toenails with discoloration.

The Veteran's right foot stress reaction is manifested by subjective complaints of pain, but does not meet the criteria for a compensable evaluation due to no objectively assessed impairment on her ability to work.

The Veteran's medical expenses for December 22, 2011 treatment at Citrus Memorial Hospital were not authorized by VA and do not meet the criteria for payment or reimbursement under VA regulations.