Other conditions decisions — 2015

The Board has determined that the appellant's stepmother submitted an election of August 31, 2010 as the effective date for beginning his eligibility for DEA benefits within the required 60-day period. As a result, the Board grants an effective date of August 31, 2010 for the commencement of the appellant's Chapter 35 Dependents' Educational Assistance (DEA) benefits.

The Veteran's tinnitus had onset in service or was caused by his active military service. The Veteran's right clavicle disability is characterized by subjective complaints of painful and limited motion, but on objective testing, range of motion of the right arm is not limited to shoulder level or below. Therefore, an initial 10 percent disability evaluation for the Veteran's service connected healed right clavicle fracture with post-traumatic/post-surgical changes to the distal clavicle was granted.

The Veteran's rib pain, which was severe and potentially life-threatening, met the criteria for emergency treatment at a non-VA facility. The nearest VA facility was not feasibly available due to distance, and the Veteran did not have coverage under any health plan contract. Therefore, payment or reimbursement of the medical expenses is granted.

The Veteran's skin disability is being remanded for additional development, including a new examination and medical opinion to address the nature and likely etiology of his current skin disabilities. The AOJ will ensure that all correspondence is sent to the correct mailing address.

The Board has determined that the evidence is in equipoise on all material elements of the claim, and finds that a current diagnosis of psychotic disorder (schizoaffective disorder) is related to symptoms first manifested during service. As such, the Veteran's claim for service connection for an acquired psychiatric disorder other than PTSD, to include psychotic disorder, is granted.

The Board has determined that the Veteran's claimed fungal infections of the groin area and bilateral feet were not incurred or aggravated by service. The evidence does not support a finding that these conditions are related to his military service.

The Veteran's death was caused by a hypertensive crisis with central nervous system involvement and pneumonia. The VA treatment provided did not cause the Veteran's death, as evidenced by a medical opinion that found no evidence of negligence or foreseeability in the care provided.

The Board found that the Veteran did not have exposure to herbicides (Agent Orange) during service and there is no medical evidence linking CLL to his military service. The claim for service connection was denied.

The Board finds that the termination of the appellant's nonservice-connected pension benefits as of August 1, 2007 was improper due to an error in including his estranged wife's income. The overpayment created from this termination is also not valid.

The Veteran died in February 1995 from aspiration pneumonitis, chronic vegetative state, and intracranial infection. The appellant remarried in September 1996 and is not entitled to DIC benefits as the surviving spouse of the Veteran due to the timing of her remarriage.

The Veteran's former spouse and children are granted an increased apportionment of the Veteran's VA benefits, representing 30% of his benefit as of May 2003, with a reduction to 20% on September 25, 2017.

The Veteran's death was caused by metastatic colon cancer, which is not service-connected as it did not manifest during or within one year of his service and there is no evidence linking the condition to service.

The Board has remanded the case due to incomplete financial information provided by the appellant's custodian regarding her living expenses and net worth during a specific period. The appellant needs to provide updated financial reports.

The Veteran's claim for a higher initial rating for chronic cysts was denied. The Board found that the criteria were not met to assign an initial rating in excess of 10 percent.

The Veteran's lung condition is not presumed to be related to his service due to the lack of evidence showing exposure to herbicides like Agent Orange. However, a VA examination is needed to determine if there is any other basis for service connection.

The Veteran's appeal is being remanded for additional development, including obtaining treatment records and scheduling a VA examination to assess the severity of his service-connected skin disorder.

The Board has remanded the case for further development due to incomplete information regarding financial and living arrangements of the Veteran and appellant.

The Board has determined that new and material evidence has been received to reopen the Veteran's claim for service connection for a gastrointestinal disability, other than his already service-connected gastroesophageal reflux disease. The case is now remanded for further development including obtaining medical records and scheduling a VA examination.

The Board denied the Veteran's claim for an effective date prior to November 1, 2010, for the award of additional compensation for his spouse as a dependent. The decision found that the earliest possible effective date was November 1, 2010, based on the submission of valid and updated VA Form 21-686(c) certifying specific information relating to his dependents.

The Board denied the Veteran's claims for service connection for squamous cell carcinoma of the tongue and an increased disability rating for PTSD. The claim for service connection was based on presumed exposure to herbicides, specifically Agent Orange.